LANDSCAPE AGREEMENT
Between
THE SOUTHERN CALIFORNIA DISTRICT COUNCIL OF LABORERS
and its affiliated Local Unions
and
SOUTHERN CALIFORNIA CONTRACTORS ASSOCIATION
THIS AGREEMENT entered into this 1 st day of January 1, 2013, by and between the
SOUTHERN CALIFORNIA CONTRACTORS ASSOCIATION ( Association) on behalf of their eligible
members and on behalf of eligible members who give written authorization to the Association during the
term of this Agreement to be bound to this Agreement, hereinafter referred to as Contractor, and the
SOUTHERN CALIFORNIA DISTRICT COtJNCIL OF LABORERS and its affiliated Local Unions in
the twelve Southern California Counties, hereinafter referred to as the Union.
ARTICLE I
RECOGNITION
The Contractor hereby recognizes the Union as the sole and exclusive collective bargaining
representative of all employees of the Contractor, signatory hereto, who perform work covered by this
Agreement. Upon being presented with signature cards showing that a majority of the Contractor's
employees covered by this Agreement have designated the Union as their exclusive representative for
purposes of collective bargaining, the Contractor shall furnish to the Union a letter granting to the Union
such recognition. It is understood that the Union does not at this time, nor will it during the term of this
Agreement, claim jurisdiction over the following classes of employees: executives, civil engineers and
their helpers, superintendents, assistant superintendents, master mechanics, timekeepers, messengers,
office workers, or any employees of the Contractor above the rank of fareman. Master mechanic is defined
as any person performing mechanical work on a full-time basis such as maintaining and repairing tractors
and motar vehicles and who performs no landscape work.
The Union hereby recognizes the Association as the sole and exclusive bargaining representative
for the Contractors who have given written authorization by the Association to be bound to this Agreement
and any other contractor who gives written authorization to the Association during the term of this
Agreement to be bound to this Agreement.
This Agreement shall be binding upon each and every eligible member of the Association with the
same force and effect as if this Agreement were entered into by each eligible member individually. All
eligible members of the Association shall remain liable under the Agreement for the term of the Agreement
irrespective of whether any eligible member shall resign or be suspended from of the Association prior to
the expiration date of this Agreement and such liability shall survive the termination or suspension of
membership and remain in force during the term of this Agreement. The termination provision contained
in Article XN of this Agreement shall apply to Contractors whose membership in the Association is
terminated or suspended; provided however that such Contractors must provide their own written notice to
terminate this Agreement effective July 31, 2015, and if not so provided within the time period set forth in
Article XIV, such Contractors are automatically bound to any renewals, extensions or successor
Agreementse
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The Associations will advise the Union of any new or resigned or suspended members within
thirty( 30) after admission to membership ar change in membership status.
The term " Union" as used herein, shall refer to the Southern California District Council of
Labarers and its affiliated Local Unions which have jurisdiction over the work in the territory covered by
this Agreement. The term " Local Union,"
as used herein, shall refer to a local Union affiliated with
Southern California District Council of Laborers, which has jurisdiction over the work in the territory
covered by the agreement.
Each Contractor, whether corporate or other legal entity, or its successor, shall be liable under,
subject to and bound by this Agreement. The Contractor shall advise any transferee, purchaser, ar
successor employer of the Contractor of the existence of this Agreement, and the successor shall continue
to be bound by all the provisions of this Agreement for its term.
The Union agrees to give the Contractar immediate notice of any change in the geographic
boundaries of any Local Union over that previously submitted to the Contractor. No violation of the hiring
procedures or fabrication provisions will be found because of such change in geographical boundary until
thirty( 30) days after said notice is given.
The " Method of Deliver of Written Notices" required by this agreement shall be satisfied by one of
the following means of delivery; email, fax, certified mail or regular mail.
ARTICLE II
COVERAGE
A.
GEOGRAPHIC COVERAGE. This Agreement shall apply to and cover all employees of
the Contractor performing work covered by this Agreement in the twelve Southern California Counties,
namely, Los Angeles, Inyo, Mono, Orange, San Diego, Riverside, San Bernardino, Imperial, Ventura,
Santa Barbara, San Luis Obispo, and Kern, and on the following offshore islands: Richardson Rock, Santa
Cruz Island, Arch Rock, San Nicholas Island, Santa Catalina Island, San Clemente Island, San Miguel
Island, Santa Rosa Island, Anacapa Island and Santa Barbara Island, and all offshore manmade islands and
drilling platforms.
B.
PRESERVATION OF WORK,
To protect and preserve work for the employees covered by this Agreement, and to
prevent any device or subterfuge to avoid the protection and preservation of such work, if the Contractor
performs onsite work of the type covered by this Agreement under a name of another, as a corporation,
company, partnership, or other business entity including a joint venture, the terms and conditions of this
Agreement shall be applicable to all such work.
C.
CONTRACTOR'S YARD. All work performed in the Contractor's warehouses, shops or
yards which have been particularly provided or set up to handle work in connection with a job or project
covered by the terms of this Agreement and all of the production or fabrication of materials by the
Contractor for use on the project shall be subject to the terms and conditions of this Agreement.
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D.
Manhole building shall be performed by bargaining unit employees qualified to perform
manhole building. The Contractor may subcontract such work to a licensed contractor whose bargaining
unit employees shall perform such work. Such subcontract shall in all ways comply with the subcontracting
obligations contained in Article N of this Agreement. Bargaining unit employees shall receive wages and
benefits equivalent to, or greater than, those contained in this Agreement for unit employees performing
such work. In either case, the bargaining unit employees shall receive benefits for actual hours worked, as
set forth in this Agreement.
ARTICLE III
WORK COVERED
A.
Work covered by this Agreement includes all work in the landscape industry, s defined as
follows: Decorative landscaping, such as decorative walls, pools, ponds, reflecting units, lighting displays
low voltage, handgrade landscaped areas, tractor grade landscaped areas, finish rake landscape areas,
spread top soil, build mounds, trench for irrigation manual or power, layout for irrigation, backfill trenches,
asphalt, plant shrubs, trees( including removal, relocation and trimming of trees on construction projects),
vines, set boulders, seed lawns, lay sod; hydro seed; use ground covers such as flatted plant materials, rock
rip rap, colored rock, crushed rock, pea gravel, and any other landscapable ground covers; installation of
header boards and cement mowing edges; soil preparation such as wood shavings, fertilizers, organic,
chemical or synthetic; top dress ground cover areas with bark or any wood residual or other specified top
dressing, operation of any equipment, as directed by the Contractor, for the installation of landscaping and
irrigation work.
In addition to the above paragraph, the work covered by this Agreement shall include but not be
limited to:
1.
All wark involved in the distribution, laying, and installation of landscaping irrigation
pipe, the installation of low voltage automatic irrigation and lawn sprinkler systems, including but not
limited to, the installation of automatic controllers, valves, sensors, master control panels, display boards,
junction boxes and conductors including all components thereof.
2.
Installation of valve boxes, thrust blocks, both precast and poured in place, pipe
hangers and supports incidental to the installation of the entire piping system.
3.
Start-up testing, flushing, purging, water balancing, placing into operation all piping
equipment, fixtures and appurtenances installed under this Agreement.
4.
Any line inside a structure which provides water to work covered by this Agreement,
including piping for ornamental pools and fountains when done in conjunction with landscaping.
5.
All piping for ornamental stream beds, waterways and swimming pools.
6.
All temporary irrigation and lawn sprinkler systems.
7.
The operation of all landscape/ irrigation equipment and landscape/ irrigation trucks,
including the driving of vehicular equipment and the delivery and distribution of materials to and from
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jobs and in and around all jobsites.
8. All plant establishment work performed under warranty; and if not under warranty, all
plant establishment work performed during the period of time designated by the Director of Industrial
Relations as subject to the payment of prevailing wage rates on public works projects. Plant establishment
may be performed exclusively by Landscape/ Irrigation Tenders without the supervision of a Journeyman.
9.
Installation and cutting of pavers and paving stone.
10.
All work in connection with traffic control, including but not limited to flagging,
signaling, assisting in the moving and installation of barriers and barricades, safety borders and all
equipment; operation of pilot trucks.
11.
Installation of recreational game equipment including swings, slides, climbing
structures, basketball backstops, net posts and bars.
B.
It is agreed that work covered by the following agreements, Laborers Master Labor
Agreement, Plaster Tenders, Brick Tenders, Horizontal Directional Drilling, Utility, Tunnel, Gunite,
Asbestos, and Parking and Highway Improvement, are a part of the work description covered by this
Agreement and are a part of the bargaining unit work covered by this Agreement. To the extent that any
work covered by such agreement is encompassed by any construction agreement being performed by or let
to the Contractor, such other wages, hours and economic terms of employment shall be considered a part of
this Agreement by reference. It is agreed that the foregoing work is unit work and as such the
subcontracting provisions of Article N shall be applicable to such work.
C.
All work covered by this Agreement shall be performed, whether by employees of the
Contractor or by a subcontractor, under the terms of this Agreement. The Contractor represents that it is
not signatory to any other labor agreement that covers the work covered by this Agreement, and that the
Contractor has no legal or contractual impediment to assigning all work covered by this Agreement to
employees represented by the Union, and it shall so assign all covered work to the Union.
ARTICLE IV
SUBCONTRACTING, EMPLOYEE RIGHTS,
UNION STANDARDS AND WORK PRESERVATION
Ae
The purposes of this Article are to preserve and protect the work opportunities normally
available to employees and workers covered by this Agreement, maintenance and protection of standards
and benefits of employees and workers negotiated over many years, and preservation of the right of Union
employees employed under this Agreement.
B.
Definition of Subcontractor. A subcontractor is defined as any person( other than an
employee covered by this Agreement), firm or corporation, holding a valid state contractor's license where
required by law, who agrees orally or in writing to perform, or who in fact performs for or on behalf of
Contractor, or the subcontractor of a Contractor, any part or portion of the work covered by this
Agreement.
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C.
All work subcontracted by the Contractor and its subcontractors to be done at the site of
construction, alteration, painting or repair of a building, structure or other work, shall be subcontracted to a
person, firm or corporation, pariy to a current appropriate labor agreement with the Union. All work
covered by this Agreement shall be performed, whether by employees of the Contractor ar by a
subcontractor, under an appropriate current labor agreement of the Union.
1.
The Contractor may ensure compliance with the subcontracting provision
contained in this Section by inserting into any subcontract for covered work the following provisions:
The subcontractor acknowledges that the Contractor has entered into the Master
Landscape Agreement between the Southern California District Council of Laborers and the Southern
California Contractors Association effective January 1, 2013 to July 31, 2015, covering work at the
construction jobsite. The subcontractor agrees that a copy of the Master Landscape Agreement is available
to subcontractor.
Subcontractor shall be bound to and comply with all of the terms and conditions of the
Master Landscape Agreement and covering the work involved, including wages, trust fund contributions,
the grievance/ arbitration procedures, and any other mechanism for the resolution of disputes contained in
the Master Landscape Agreement, on all covered work performed in the geographic area of the Master
Landscape Agreement. Subcontractor agrees that it shall be bound to the Master Landscape Agreement,
commencing with the first hour of work performed by its employees on this project, and be bound to the
Master Landscape Agreement for all construction work, whether or not the work is performed for the
Contractor for the duration of the Master Landscape Agreement and, until timely terminated pursuant to
the terms of the Master Landscape Agreement, for the duration of successor Master Landscape
Agreements."
Subcontractor further agrees to require all its subcontractors performing job site work of
the type covered by the Master Landscape Agreement referenced above to become bound and comply with
all of the terms and conditions of the Master Landscape Agreement."
Subcontractor acknowledges that the Southern California District Council of Laborers
and its affiliated Local Unions, and the Construction Laborers Trust Funds for Southern California, are the
intended third party beneficiaries of this contractual provision and may enforce this provision directly
against Subcontractor."
2.
No later than thirty( 30) calendar days after execution of a subcontract, as specified in
subsection 1, above, with a subcontractor not previously signed to the Master Landscape Agreement, the
Contractor shall deliver a copy of the cover page, Labor Relations Clause, and signature page of the
subcontract to the Union.
3.
If the Contractor complies with subsections 1 and 2 above, the Contractor shall not be
liable for a breach of the subcontracting provisions of this Section as to that subcontract, provided
however, the Contractor shall be liable for the Subcontractor's delinquent Trust Fund contributions only to
the extent, if any, that such liability would otherwise exist under this Agreement.
D.
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Upon violation of Article N, an arbitrator shall award to the Union as damages an amount
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equal to the hours worked by employees of the Contractor or subcontractor who were not employed
pursuant to an agreement with the Union, multiplied by the appropriate wage rate provided in this
Agreement; and to the Laborers' Trust Funds as damages an amount equal to the same hours multiplied by
the Laborers' Trust Funds' rates contained in this Agreement; and shall direct that the work be performed
pursuant to the terms and conditions of the Agreement. Damages to the Trust Funds shall be paid to the
Vacation Trust and shall not be far the benefit of any specific individual.
E.
The Contractor and his subcontractors shall have freedom of choice in the purchase of
material, supplies and equipment, except that every reasonable effort shall be made by the Contractor and
his subcontractors to refrain from the use of materials, supplies and equipment, which use will tend to
cause any discord or disturbance on the project.
F.
All work performed by the Contractors or subcontractors and all services rendered for the
Contractors or subcontractors, as defined in this Agreement, shall be rendered in accordance with each and
all of the terms and provisions of the Agreement.
G.
In the event the Contractor is required to subcontract work on a public works project to a
certified MBE/ WBE/DBE subcontractor to meet requirements contained in governmental rules or
regulations, the contractor shall notify in writing the Local Union in whose jurisdiction the work is to be
performed. The Union shall offer to sign the subcontractor to the Union's MBE/ WBE/ DBE Public Works
Short- form Agreement.
ARTICLE V
REGISTRATION FOR WORK AND REFERRAL PROCEDURE
A.
REFERRAL PROCEDURE. In the employment of warkers for all work covered by this
Agreement, the following provisions shall govern:
1.
Each Local Union shall establish and maintain an employment facility at which it shall
establish and maintain an open and nondiscriminatory employment list for the use of applicants for
employment in the geographical area serviced by that employment facility.
2.
Applicants shall be registered on the employment list in the order of time and date of
3.
Each applicant for employment shall be required to furnish such data, records, names
registration.
of employers, length of employment or other information as may be considered necessary to the operation
of employment lists, and each applicant shall complete prior to registration such forms for recording such
information as may be submitted to him. Applicants shall list any special skills which they may possess.
4.
The Contractor shall first call the employment facility serving the geographic area in
which the project is located on which employees are needed, and that employment facility shall
immediately dispatch to the Contractor the number of qualified and competent applicants of the
classifications needed and requested by the Contractor, The employment facility shall dispatch workers in
accordance with the provisions of this Agreement.
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5.
It shall be the responsibility of the Contractor, when ardering workers, to give the
employment facility all of the pertinent information regarding the prospective employment.
6. (
a) The employment facility will furnish in accordance with the request of the
Contractor each such qualified and competent applicant from among those registered on the employment
list to the Contractar by use of a written dispatch slip stating information pertinent to the prospective
employment, in the order of preference stated below. The selection of applicants for dispatch to jobs shall
be on a non- discriminatory basis and shall not be based on or in any affected by Union membership,
bylaws, rules, regulations, constitutional provisions, or any other aspect or obligation of Union
membership, policies or requirements. The arder of preference in the dispatch of applicants for
employment is as follows:
Group A: Applicants whom a Contractor requests by name who have been laid off ar
terminated from employment of the type covered by this Agreement and in the area served by the
employment facility within five( 5) years before a request from the same Contractor or a joint venture of
which one or more of the members is a former employer who laid off ar terminated them, provided they
are available for employment. This provision shall also apply to individual employers wishing to rehire
employees of a joint venture of which the individual employer was a member.
Group B: In addition to requests permitted in GROUP A, above, the Contractor may
request for employment in the Landscape Irrigation Laborer Wage Classification, any person registered on
the out-of-work list out of order for any reason: provided however, that the person has worked at least three
hundred( 300) hours under this Agreement in the previous six( 6) months in the area served by the Local
Union employment facility, or has been available for work on the out of work list at least 300 hours
calculated at 8 hours per day) at the Local Union employment facility, or a combination of both totaling at
least 300 hours. Under this section, working in the area served by the Local Union employment facility
shall include a person dispatched to the Contractor in that area and then transferred by the Contractor to
another area pursuant to the transfer provisions contained in this Agreement. At no time shall any jobsite
contain more
its
than
fifty percent(
50%)
option, permit a percentage of
of persons requested under this section. Any Local Union, may, at
requests greater than fifty percent( 50%)
on any jobsite.
individual
Group C: Applicants whose names are entered on the employment list of the registration
facility and who are available for employment and who have been employed in the type of work covered
by this Agreement within the geographic jurisdiction of the Union for at least one hundred( 100) hours
within the preceding year. Workers in GROUP C shall be referred on a first-in, first-out basis; that is, the
first person registered in that group shall be the first person referred.
Group D: All other applicants whose names are entered on the employment list of the
registration facility and who are available for employment. Workers in GROUP D shall be referred on a
first-in, first-out basis; that is, the first person registered in that group shall be the first person referred.
Group E: The Contractors may hire Landscape/ Irrigation Tenders from any source after
calling the Union first. The Union shall have 24 hours to supply the Contractor's requirements. If the
dispatcher knows that no men are available, he will immediately notify the Contractor who may then hire
from any source. The Tenders hired from any sources will be required to join the Union after two weeks of
employment in accordance with the Union's security clause.
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b) Expedited Dispatch Group: The Union recognizes the need of the Contractor
to have the Union dispatch workers on an expedited basis to jobsites, and the Contractor recognizes the
requirement for the Union to operate a fair hiring hall. Notwithstanding any other provision of this Article,
if the Contractor contacts the Local Union after posted dispatch hours and requests a worker to be
dispatched to a jobsite within twenty-four( 24) hours of the Contractors' call to the Local Union( and the
Contractor does not request the worker by name pursuant to Group A and B, above), the Local Union shall
dispatch the person nearest to the top of the out-of-work list who is present at the Local Union hiring hall,
and if no person is present, then the person nearest to the top of the out-of-work list who can be contacted
by telephone. If the Local Union cannot contact a person by telephone after one telephone call, the Local
Union shall call the next qualified person on the list. A person who is not present at the Local Union hiring
hall or reachable by telephone for an " Expedited Dispatch" shall not be eliminated from the out-of-work
list.
c) Notwithstanding the provisions of this Article, a worker shall be given
preference in the order of dispatch under any of the following circumstances:
a. A Contractor becomes newly bound to this Agreement and requests the
dispatch of its existing employees at the time the Contractor becomes bound.
b. A Contractor agrees to sponsor an employee as a Journeyman Laborer
who has not worked under any Laborers Union Agreement; provided the
Contractor agrees in writing that it intends to employ the worker on a full time
basis. The Contractor shall send a letter to the Local Union to document its
request.
c. A worker is " stripped" from a non- union employer and is dispatched to
a Contractor.
d. A worker is a certified job steward and is dispatched to the job to act
in such capacity.
At
no
time
shall
any job
contain more
than
fifty
percent(
50%)
of persons
requested under subsection b, c and d, above. Any Local Union may, at its option,
permit a percentage of
individual
requests greater
than
fifty percent(
50%) on any
job.
d) For Contractor requests by name pursuant to the provisions of Article V,
Section 6( a), Group B and Apprentices, below, the Contractor shall document the request in writing, dated,
and signed by an appropriate management representative specifying whether the person is a rehire and
names the job for which the referral is requested. This written documentation of the request may be
submitted after the employee is dispatched.
e) Apprentices: The Union, through its Joint Apprenticeship Committee, shall
dispatch apprentices from a separate list on a first-in, first-out basis: that is, the first person registered in
that group shall be the first person referred; provided, however, a Contractor may request an Apprentice by
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name and such Apprentice shall be dispatched regardless of the Apprentice' s placement on the list.
Available for employment shall mean persons eligible for referral and present
at the hiring hall or present at their resident telephone during the Local Union' s posted dispatch hour, and
all persons eligible for referral and present at the hiring hall after posted dispatch hours, unless excused for
the following reasons:
i) When death occurs in the immediate family, from the date of death and
not exceeding one( 1) week after the date of burial; provided, however, that
the applicant produces a bona fide proof of such death.
ii)
Persons on jury duty, provided they provide bona fide proof they are
serving on jury duty.
iii) Persons temporarily serving in the U. S. Military Reserve, provide they
produce bona fide proof of such Service.
iv) Required attendance at the Workers' Compensation hearing or other
administrative or court hearing, provided they produce a bona fide proof of
their required attendance at such hearing.
v) Any other reason stated in the Local Union's hiring hall rules.
g) Persons shall be eliminated from the registration list for the following reasons:
i) Dispatched to a job, except a person who is rejected by the Contractor or
fails to complete five( 5) days of work( or such other period of time set forth in
a Local Union's hiring hall rules) shall retain his/ her position on the list. Upon
request of the Contractor, no person who is rejected by the Contractor shall be
dispatched again to the Contractor. Upon the Local Union's request, the
Contractor will confirm its request in writing.
ii) Failure to accept the dispatch.
iii) Unavailable for employment during posted dispatch hours.
iv) Failure to report to a job to which the person was dispatched.
v)
Failure to register or attend roll call in accordance with the Local Union's
rules.
vi) Any other reason stated in the Local Union's hiring hall rules.
h) There is hereby established a Joint Referral Committee consisting of three( 3)
representatives of the Association and three( 3) representatives of the Union. The establishment of the
Committee is for the purpose of interpreting and enforcing all the terms and provisions of this Article V.
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Any person having any disagreement with and applicant's placement or dispatch under this Article V, shall
submit his grievance to the Joint Referral Committee by filing a written grievance with the Local Union
stating the reasons for the grievance within ten( 10) working days after the occurrence of the grievance.
The Joint Referral Committee shall have full power to adjust the grievance and its decision shall be final
and binding upon the person submitting the grievance and all other parties involved in the dispute. In the
event of a deadlock of the Joint Referral Committee, the grievance shall be referred to the permanent hiring
hall neutral arbitrator, whose decision shall be final and binding. The costs of the arbitration shall be borne
equally by the Contractor and the Local Union involved in the dispute. Forms for the submission of any
such grievance shall be available at all times in the offices of the Local Unions. Neither the Joint Referral
Committee nor the permanent hiring hall neutral arbitrator has the authority to modify, vary, change, add to
or remove any of the terms or conditions of this Agreement.
i) The parties agree that, at its option a Local Union may elect to delete Group D
by posting written notice of such election at the place of dispatch.
j) When ordering workers, the Contractor will give notice to the appropriate
Local Union, or its Agents, not later than 2: 30PM of the day prior( Monday through Friday), or in any
event, not less than seventeen and one- half( 17 U2) hours before the required reporting time; and in the
event that forty-eight( 48) hours after such notice the appropriate Local Union, or its Agents, shall not
furnish such workers, the Contractor may procure workmen from any other source, or sources. If workers
are so employed, the Contractor will immediately report to the Local Union having work and area
jurisdiction, or its Agents, each such worker by name.
7.
a)
This section shall be known as the Labarers' Code of Performance.
Without diminishing in any manner the Contractor's rights under Section F of this Article, should any
Laborer referred for employment be terminated for cause as defined under this section, his or her referral
privileges shall be suspended automatically for one( 1) month. Should the same individual be terminated
for cause a second time within a twenty-four( 24) month period, his or her hiring hall referral privileges
shall be suspended automatically for six( 6) months. Should the same individual be terminated for cause a
third time within a twenty-four( 24) month period, his or her referral privileges shall be suspended
indefinitely( time period begins from date of first discharge). A termination " for cause" under this section
is defined to include a termination for excessive absenteeism, excessive tardiness, lack of required skills
not applicable to apprentices), insubordination or theft.
b)
A termination shall not be considered as " for cause" for purpose of this
provision if the person referred for employment has filed a grievance challenging the propriety of his or her
termination, unless and until the grievance is resolved in a manner that affirms the termination for cause.
For the purpose of this provision, a decision of the designated panel or an arbitrator shall be final and
binding.
The provisions in subsections( a) and( b) notwithstanding, a Review
Committee, composed of three( 3) members appointed by the Business Manager of the District Council
c)
may, upon written request of the applicant, vacate or reduce the period of suspension. A request under this
provision shall stay the commencement of suspension from referral unless and until the Committee decides
otherwise. The Committee's decision will be by majority vote and shall be based on all of the available
evidence including, as appropriate, the circumstances of the termination, skills evaluations by third parties,
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the availability and need for additional training, whether the applicant is an apprentice ar journeyman
member and such other factors as may be relevant. The Committee' s decision shall rest in its sole and
complete discretion.
d)
The decision of the Committee will affect only the issue of eligibility for
future referrals, and will not affect the termination unless all parties expressly consent to have that issue
considered by it.
e)
If dissatisfied with the decision by the Review Committee, the applicant
may appeal the Committee's decision to an Independent Review Officer designated by and whose costs
shall be paid by the International Union. The Independent Review Officer shall establish a procedure for
expedited and prompt review of such appeals. Any appeal to the Independent Review Officer shall be filed
by the applicant in writing within five( 5) calendar days of time he/ she has been notified of the Review
Committee' s decision and shall contain a brief statement of the issue( s). The decision of the Independent
Review Officer shall be final and binding. A request for review under this provision does not affect the
commencement or continuation of the suspension from referral unless and until the Independent Review
Officer decides otherwise.
B.
1.
New Employees who have not worked under this Agreement may be employed by the
Contractor as a Journeyman, if so requested by the Contractor and if in accordance with this Agreement.
Otherwise, all such employees should be screened and tested by the Joint Apprenticeship Committee to
determine whether the employee is a journeyman or should be registered as an apprentice.
2. In the event an employee is employed as a Journeyman at the request of a Contractor
pursuant to section l, above, and leaves the employment of the Contractor and returns to the Local Union
for dispatch, the employee shall be referred to the Joint Apprenticeship Committee far screening and
testing to determine whether the employee shall maintain journeyman status ar should be registered as an
apprentice. The JAC' s decision shall determine whether the employee is placed on the journeyman or
apprentice out-of-work list for dispatch to another employer.
C.
UNION MEMBERSHIP.
1.
All workers or employees covered by this Agreement shall be, or become members of
the Union in good standing on the eighth( 8th) day after employment or on the eighth( 8th) day after the
execution of this Agreement whichever is later and remain continuously members in good standing of the
Union signatory hereto through its affiliated Local Unions having work and area jurisdiction and on whose
behalf this Agreement is executed, as a condition of employment.
2.
The Contractor shall discharge any employee pursuant to the foregoing paragraph
upon written notice from the Union of such employee' s non- payment of initiation fees or dues. Such
written notice shall indicate the amount of initiation fees or dues which are in a state of delinquency and
shall give the employee forty-eight( 48) hours within which to cure such delinquency. The Contractar
agrees to furnish a copy of such notice to the employee forthwithe The Union will hold the Contractor
harmless for compliance with this Section.
D.
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SUPPLEMENTAL DUES.
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1.
Subject to the following conditions, the Contractor agrees that he shall, if he is
furnished with his employee' s written authorization to do sq deduct the sum certified by the Union as the
amount owing for supplemental dues from the amounts required to be paid by the third paragraph of
Attachment# 1 of this Agreement for each employee for each hour worked or paid for in each payroll
period, as special supplemental dues. in implementing the foregoing, the parties have heretofore
established
the Laborers Vacation Dues Reconciliation Trust(
hereinafter" Dues Trust") as agent for the
purpose of receiving and holding written authorization cards and for receiving, holding, allocating and
distributing the dues monies.
2.
Said supplemental dues shall be transmitted to the Dues Trust concurrently with, but
not as a part of the Employer's monthly vacation contributions with respect to this employees covered by
this Agreement to the Construction Laborers Vacation Trust for Southern California. All sums deducted
by the Contractor pursuant to the provisions of this Section shall, from the instant of their deduction, be
considered dues if proper authorization shall have been furnished. All other sums transmitted by the
Contractor pursuant to this Section shall from the instant of their transmittal, be considered vacation
contributions if no such proper authorization shall have been furnished and shall be held by the Vacation
Trust for the account of the employee. Prior to deposit in the separate bank accounts of the Dues Trust, on
one hand, and the Vacation Trust, on the other, the bank shall separate the funds transmitted into dues and
vacation contributions, respectively, based upon whether or not a proper dues deduction authorization shall
have been filed. The bank shall then deposit such sums in the account of the appropriate Trust referred to
in this Section. The Union shall bear the entire responsibility for furnishing the written authorizations. All
costs incidental to receipt, administration and remittance to the Union of the supplemental dues shall be
bound solely and entirely by the Union. This provision shall not reduce the obligations of the Contractor
to pay the full amount of the vacation contributions specified in this Agreement. All written authorizations
referred to above shall be irrevocable for a period of one( 1) year from date of execution and shall renew
automatically from year to year thereafter unless the employee, by written notice served upon the Southern
California District Council of Laborers, within fifteen( 15) days following the first year or any year
thereafter, revokes such authorization.
Eo
LiUNA PAC.
1.
Subject to the following conditions, the Contractor agrees that he shall, if he is
furnished with his employee's written authorization to do so, deduct the sum authorized by the employee as
the amount owing for contribution to the LiLJNA PAC, or other Political Action Committee from the
amounts required
to be paid to the Vacation Trust pursuant to Attachment#
1 of this agreement for each
employee for each hour worked or paid for in each payroll period. In implementing the faregoing, the
parties have heretofore established the Laborers Vacation Dues Reconciliation Trust( hereinafter" Dues
Trust")
and they hereby designate the Dues Trust as agent for the purpose of receiving and holding written
authorization for, and for receiving, holding, allocating and distributing moneys designated by employees
as political contributions.
2.
Said contributions shall be transmitted to the Dues Trust concurrently with, but not as
a part of, the employer's monthly vacation contributions with respect to his employees covered by this
Agreement to the California Laborers Vacation Trust for Southern California. All sums deducted by the
employers as contributions pursuant to the provisions of this Section shall, from the instant of their
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deduction, be considered, contributions to LiUNA PAC or other designated Political Action Committee.
Prior to deposit in the separate bank accounts of the Dues Trust, on the one hand, and the Vacation Trust,
on the other, the bank shall separate the political contributions and deposit such sums in the account of the
appropriate Trust referred to in this Section. The Union shall bear the entire responsibility for furnishing
the written contribution authorization. All costs incidental to receipt, administration and remittance to the
LiiJNA PAC or other Political Action Committee shall be paid from the political contributions made into
the Dues Trust or, at the Union's election, paid by the Union; and the Contractor shall not, by virtue of this
provision, incur any additional cost. This provision shall not reduce the obligations of the Contractor to
pay the full amount of vacation contributions specified In this Agreement.
F.
CONTRACTOR FREEDOM OF SELECTION. Subject to the foregoing, the Contractor
shall have complete freedom of selectivity in hiring and the Contractor retains the right to reject for any
reason any job applicant referred by the employment facility.
The Contractor may discharge any employee for any cause which he may deem sufficient,
provided there shall be no discrimination on the part of the Contractor against any applicant or employee,
nor shall any such employee be discharged by reason of any Union activity not interfering with the proper
performance of his work.
G.
KEYMEN AND TRANSFER OF MEN. The Contractor recognizes the desirability of
employing workers from the area in which the work is located, and the Union recognizes that in the
employ of the Contractor are Landscape Irrigation Labarers and Apprentices who are necessary to the
efficient continuity of the Contractor's operations. Therefore, the Contractor may transfer from out of the
area up to four( 4) Landscape Irrigation Laborers and/ or Apprentices/Tenders and one( 1) fareman to the
jobsite( for a total of five( 5) employees). After the transfer of no mare than four( 4) Landscape Irrigation
Laborers and/ or Apprentices/ Tenders and one( 1) foreman, the Contractor must hire the next two( 2)
employees on the jobsite from the Local Union hiring hall in the geographic area in which the work is
performed. Thereafter, the Contractor may transfer one additional employee for each employee hired from
the Local Union hiring hall in whose jurisdiction the work is performed. The Contractor shall keep this 5050 ratio intact( one local person and one person from outside the area) in employing, laying offand
terminating employees. Only employees who have been employed by the Contractor for at least three
hundred( 300) hours in the last six( 6) months may be transferred from one area to another area( this
restriction shall not apply to the foreman).
The Contractor must properly clear all employees, including
foreman and key employees, with a dispatch slip from the Local Union having geographic jurisdiction over
the project prior to those employees beginning work. Dispatch slips for employees transferred from another
shall be submitted by fax, e- mail or personal delivery. The Union will not unreasonably withhold issuing a
clearance. For the transfer of additional employees, the Contractor shall first contact the office of the
appropriate Local Union in the area where the work is to be performed. Any additional transfers shall only
be made by mutual consent. At all times the Contractor must maintain the proper manning ratio of
Landscape Irrigation Laborers to Apprentices on the jobsite.
H.
LJNION TRANSFER OF MEN. Employees employed by any Contractor pursuant to the
terms of this Agreement shall not be removed by the Union unless the prior approval of the Contractor has
been obtained. This paragraph does not apply to residential work as set forth in this Agreement.
L
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LJNION NOT LIABLE FOR DAMAGES. The Union shall not be held liable for any
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losses occasioned by alleged incompetent work performed by any employee working for the Contractor
under this Agreement.
ARTICLE VI
PARTNERSHIPS, SOLE PROPRIETORSHIPS
AND OWNER-OPERATORS
A.
In the event the contractor is a partnership, no more than one( 1) partner shall perform
work covered by this Agreement. However, during each day on which the partnership employs on a fulltime basis at least three( 3) Labarer employees, pursuant to the terms of this Agreement, then one( 1)
additional partner shall be allowed to perform work covered by this Agreement. All partners who perform
work covered by this Agreement and pursuant to this Paragraph, shall be paid not less than the hourly
wage rates stipulated in this Agreement for such work and the partnership shall contribute to all Trust
Funds on behalf of all working partners at the hourly rates specified in Attachment# 1, except the hourly
pension contribution rate which instead shall be paid to the Construction Laborers' Vacation Fund for
Southern California. The Contractor shall be liable in damages to the Union in a sum equivalent to the
hourly wage rate and to the Trust Funds in a sum equivalent to the hourly contribution rate for each hour
worked by a partner in violation of this Paragraph.
B.
In the event the Contractor is a sole proprietorship that employs other individuals or is not
working for the Contractor signatory to this Agreement and the sole proprietor performs work covered by
this Agreement, the sole proprietor shall be paid not less than the hourly wage rates stipulated in this
Agreement for such work and the sole proprietorship shall contribute to all Trust Funds on behalf of the
working sole proprietor at the rates specified in Attachment# 1, except the hourly Pension contribution rate
which instead shall be paid to the Construction Laborers' Vacation Fund for Southern California. The
Contractor shall be liable in damages to the Union in a sum equivalent to the hourly wage rate and to the
Trust Funds in a sum equivalent to the hourly contribution rate for each hour worked by the sole proprietor
in violation of this Paragraph. If the sole proprietor has no employees, the sole proprietor shall be
considered an owner-operator subject to the provisions of Article VI, Paragraph C.
C.
1.
An Owner-Operator is a person who has legal or equitable title to his equipment and
operates the equipment himself on work covered by this Agreement and he shall operate only the
equipment to which he has legal or equitable title. An Owner-Operator shall have proof of ownership of
the equipment being operated in his possession at all times and shall produce such proof of ownership
upon request by the Union or Contractar. It is further agreed that any time an individual Owner-Operator
has a piece of equipment operated by someone other than himself on any given job or project, the
provisions of this Paragraph will not apply to such equipment, rather the subcontracting provisions
contained in Article IV of this Agreement shall become applicable.
2. The Owner-Operator shall not be subject to the dispatch obligations contained in
Article V, of this Agreement, provided that the Owner-Operator has signed a W-4 form and becomes a
bona fide employee of the Employer prior to going to work and the Union shall be notified of the name and
Social Security number of the Owner-Operator within twenty-four( 24) hours after the Owner-Operator is
hired, such notice to be given to the Local Union in whose area the work is being performed and confirmed
in writing within twenty-four( 24) hours thereafter. A copy of the notification shall be furnished by the
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Operator at all times, so long as he remains on the job or project. This notice must be produced upon
request of the Union. Failure of the Owner-Operator to provide proof of ownership of the equipment being
operated shall be cause for his removal from the job or project until the Owner-Operator and the
Contractor have complied with the requirements of this Paragraph. The Owner-Operator is subject to the
union security and supplemental dues provisions of Article II.
3. ( a) Effective from the time the Owner-Operator first reports to work on the job or
project, the Contractor shall take all necessary steps to make the Owner-Operator an actual bona fide
employee of the Contractor. The Contractor shall retain and exercise supervision and control over the
manner and means by which the Owner-Operator performs work under this Agreement, and shall treat the
Owner-Operator in all respects as any other employee of the Contractor is treated, except as otherwise
provided in this Paragraph. The Contractor shall deal with the Owner-Operator solely in an employeremployee relationship, and shall not treat the Owner-Operator as a self-employed person, independent
contractor or brokered service. The Contractor shall not act as broker of Owner-Operator services to any
other party and any payment by the Contractor to any broker or other person except a signatory
subcontractor for the services of an Owner-Operator shall be a violation of this Agreement.
b) The Contractor shall not permit a self-employed person to perform any work
covered by this Agreement. A "self-employed person" is one who works for an unincorporated trade or
business in
which
that
person owns
ten( 10%)
percent or more of the interest in the capital or profits,
except as otherwise provided in Article V, Paragraphs B and C.
c) For violation of this Section, the Contractor shall be liable to the Trust Funds
described in this Agreement in an amount equal to the contributions plus interest and liquidated damages
from the date contributions would have been due that would have been paid on an employed person to
perform work covered by this Agreement. The portion of the contribution designated as supplemental dues
shall be forwarded to the Union by the Trust Administrator. The sums paid under this provision shall be as
damages and not for the benefit of any specific individual.
d) An incorporated Owner-Operatar shall for the purposes of this Agreement, be
designated and recognized as a subcontractor and subject to the provisions of Article N and, as such
provide the Contractor, Union and Trust Funds with bona fide information to the effect of such
incorporation.
4.
Separate checks shall be issued to such Owner-Operator for( 1) employee wages and
2) for his equipment.
5.
All hours worked or paid for under the terms of this Section C shall be reported to, and
payments made to, the Trust Funds, as provided for in this Agreement.
6.
The individual Employer will not devise or put into operation any scheme to defeat the
terms of this Agreement.
7.
If a Contractor, through the grievance procedure, is found violating any portion of this
Article, the Contractor shall immediately pay compensatory damages in the amount of one( 1) day's pay at
the wage and fringe benefit rate for Landscape Irrigation Laborer under this Agreement for each day or
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portion of a day in which the violation occurred.
ARTICLE VII
CLASSIFICATIONS AND PIECE WORK
A.
CLASSIFICATIONS. Should the Contractor or any subcontractors employ workers to
perform work in occupations or upon equipment which is not covered by one of the classifications
specified in this Agreement, such employment shall, within three( 3) working days after a work assignment
is made or the equipment is operated, be temporarily classified by the Contractor and the Union under the
classifications contained in this Agreement which will more nearly fit the particular character of the
employment. Temporary classifications and wage rates shall be immediately referred to the Southern
California District Council of Laborers which shall review and determine the proper classifications and
wage rates.
B.
Whenever any work covered by this Agreement is eliminated, modified, or in any way
affected by the introduction of any new machine, mechanized process, new or different materials, or new
or different method or technology with respect to the performance of such work, persons employed under
this Agreement, shall be assigned all work related to the new machine, mechanized process, new or
different material, or new or different method or technology and such work shall be covered by this
Agreement, regardless of the nature, size or characteristics of such new machine, mechanized process, new
or different material, or new or different method or technology. Landscape Laborers shall be trained and
certified through an approved Apprenticeship and/ or Training Program and learn the skills required of the
new technology.
C.
HIGHEST RATE FOR HIGHEST CLASSIFICATION WORK. In the event that the
Contractor uses any employee under this Agreement in more than one classification, said employee shall
be paid at the rate of the highest classification for the full day.
D.
NO BONUS SYSTEM. There shall be no piecewark, bonus system or lumping of work,
and employees shall receive wages based upon the minimum hourly wage rates specified in this Agreement
and calculated by the number of hours worked less all legal deductions. Should any employer pay on any
but the correct hourly basis, it shall be conclusively presumed that if paid by the day, the monies paid were
for the first eight( 8) hours and that twelve( 12) hours were worked, and if paid by the week, the monies
were for the first forty( 40) hours and that sixty( 60) hours were worked. This shall be by way of guarantee
rather than penalty.
ARTICLE VIII
STRIKES
A.
ADMINISTRATNE REMEDY. It is the purpose and intent of the parties to this
Agreement that all grievances or disputes arising between them over the interpretation or application of the
terms of this Agreement may be settled by the procedure set forth in Article X.
B.
ECONOMIC REMEDY. It shall not be deemed a violation of any part of this Agreement
if the Union or on whose behalf this Agreement is executed, takes any economic action against any
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Contractor who has failed, neglected or refused to comply with any of the terms of this Agreement.
C.
LTNION NONRESPONSIBILITY. If a Contractor is performing work on a project as a
subcontractor, during the construction of which such project is declared to be unfair by a Building and
Construction Trades Council and the work thereof is stopped for that reason, the Union shall not be
deemed to have violated this Agreement if, during the period of said stoppage of work, the employees fail
to perform their work on said project for the Contractor.
D.
During the term of this Agreement the Union shall not call or engage in, sanction or assist
in a strike against, or any slowdown, or stoppage of work of the Contractor. During the term of this
Agreement, a Contractor shall not cause or permit any lockout of the employees covered under this
Agreement.
ARTICLE IX
JURISDICTIONAL DISPUTES
A.
Jurisdictional disputes shall be resolved pursuant to the procedures contained in Article X.
B.
Nothing contained in this Agreement, or any part thereof, shall affect or apply to the
Union in any action it may take against any Contractor or subcontractor who has failed, neglected or
refused to comply with or execute any settlement or decision reached at any step of the grievance
procedure or through arbitration under the terms of Article X.
ARTICLE X
PROCEDURES FOR SETTLEMENT OF GRIEVANCES
AND DISPUTES
A.
RIGHT TO VISIT JOBS. The Business Representative shall be allowed on any job where
or when workers in his jurisdiction are at work.
B.
In the event a grievance or dispute cannot be satisfactorily adjusted on the job by the
Representative of the Local Union and the Contractor or his representative, then the same may be referred
to the subcommittee of the Joint Adjushnent Board, provided that the Union and the Contractor or his
representative have met at least once in an effort to settle the grievance ar dispute. The subcommittee of
the Joint Adjustment Board( hereafter Subcommittee) shall be composed oftwo( 2) members, one( 1)
selected by the Association and one( 1) selected by the Union. The Subcommittee shall meet and hear all
grievances under this Agreement as soon as possible after it is notified of the existence of the grievance.
The Subcommittee shall hear all grievances referred to it in the same manner that grievances are
customarily heard by the Joint Adjustment Board. The powers and authority of the Subcommittee shall be
the same as those of the Joint Adjustment Board. The Subcommittee, after hearing the grievance, shall
render an award in writing signed by both members and dated with the date of the award and shall then
have the full force and effect under law of a final award of arbitration, unless the opinion of the
Subcommittee is deadlocked or a party to the grievance gives notice to the Subcommittee and the Joint
Adjustment Board within ten( 10) days after the date of the written award that said award is appealed to the
Joint Adjustment Board.
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In the event a party gives a notice of appeal, then said grievance shall be heard as soon as practical
by the Joint Adjustment Board de novo in the same manner as if the Subcommittee had rendered no award.
A Contractor shall refer a grievance or dispute to the Subcommittee through the Association. The
Association shall then refer the grievance or dispute to the Subcommittee by sending written notice to the
Contractor and the Union member of the subcommittee. The Local Union shall refer a grievance or dispute
to the Subcommittee by sending written notice to the Union members of the Subcommittee, with a copy to
the Contractor involved and the Association. Upon receipt of a grievance, the appropriate Chairman will
docket the request when the request contains the following information:
1.
The date of the alleged offense.
2.
The job( including the name of the Contractor, his Association, and the Local Union
directly involved).
3.
The employees involved, if known.
4.
A brief description of the alleged violation.
5.
The section of the contract involved.
6.
The name of the Business Representative involved and the name of the Contractor
representative involved in the attempt to resolve the matter.
No dispute, complaint or grievance shall be recognized unless called to the attention of the
individual Contractor and the Association or the Local Union and the Union within fifteen( 15) calendar
days except on discharge which shall be seven( 7) working days after the alleged
violation occurred provided that an employee shall not be barred from pursuing any remedy at law for
alleged failure to pay compensation.
C.
There is hereby established a Joint Adjustment Board, to be composed of four( 4) regular
and four( 4) alternate representatives the Contractors and four( 4) regular and four( 4) alternate
representatives of the Union. The Joint Adjustment Board shall have authority to perform the functions set
forth in this Article. Each of the parties shall, within ten( 10) days after the execution of this Agreement,
appoint its representatives and immediately notify the other party, in writing, of the name and business
address of each representative appointed. The Joint Adjustment Board shall thereafter meet within ten( 10)
days, select its Chairmen and Secretary, agree upon its procedural rules, and thereafter, it shall meet at the
call of the Co-Chairmen, or either of them.
D,
The Joint Adjushnent Board shall meet at a time and place to be determined by the Co-
Chairmen, and shall in addition meet at the call of the Co-Chairmen, or either of them. The Joint
Adjustment Board shall issue decisions immediately, and shall have the authority to award damages,
including double damages where the contractor has previously been found to have violated the same
provision of the Agreement. In the event the Joint Adjustment Board does not reach a decision or is
deadlocked, the dispute or grievance may be referred to arbitration by either or both parties within five( 5)
working days by requesting an Impartial Arbitrator. The Federal Mediation and Conciliation Service shall
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be requested to furnish the names of five( 5) persons qualified to act as Impartial Arbitrator. When the list
has been presented, the representatives of the involved Contractor and the representatives of the Union
shall each have the choice of rejecting two( 2) names of the five( 5) persons listed, with the entity against
whom the grievance is filed striking the first name. The remaining or fifth person shall be selected as
Impartial Arbitrator. The time limits specified in this paragraph may be extended by mutual agreement. A
simple majority vote of the Joint Adjushnent Board shall be final and binding upon all parties and the
grievant. In the event of a deadlock and the use of an Impartial Arbitrator, the decision of the Impartial
Arbitrator shall also be final and binding upon all parties and the grievant.
E.
All expenses incurred and approved by the Joint Adjustment Board or subcommittee
necessary for the consideration and decision of grievances and disputes submitted to it shall be borne by
and divided equally by the Union and the Contractor.
All fees and expenses of the Impartial Arbitrator shall be borne by the party against whom the
Impartial Arbitrator rules. The parties shall bear their own legal expenses.
F.
If there is any question as to which is the losing party, or if a case is referred back to the
parties without decision, or if there are decisions against more than one of the parties to the arbitration, the
Impartial Arbitrator is authorized and requested to determine who shall pay the fees and may in such case
order a sharing of such fees. In such event the decision of the Impartial Arbitrator on this issue shall be
final and binding.
G.
All grievances arising out of the interpretation or application of any of the terms or
conditions of this Agreement shall be submitted for determination and shall be determined by the
procedure set forth in this Article. No procedure provided in this Article shall grant the authority to
modify, vary, change, add to or remove any of the terms or conditions of this Agreement.
H.
Each action of the Joint Adjustment Board or Subcommittee and each decision of the
Impartial Arbitrator regarding each grievance or dispute shall be made in writing and a copy of each sent to
each interested party, particularly including separate copies to the Local Union and the Contractor directly
involved, and to each representative serving on the Committee taking the action, the Union and the
Association.
I.
The Union and the employers will agree upon a grievance hearing schedule which will be
the same workday of the month, every month and entered upon a calendar.
All grievances filed shall be referred to this calendar and assigned to the next designated day on
the calendar after the grievance is filed by the District Council or the Association and in no event less than
two weeks.
The Contractor and the Local Union will be given notice of the designated hearing date, time and
place by certified mail as noted above by the procedure required under this Article.
The Contractor or Local Union which is grieved is required to appear at the appointed date, time
and place noted in the notice of grievance hearing. In the event that the Contractor representative or Local
Union representative that is grieved is unable to attend due to ill health, jury duty or scheduled court
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appearances, or conflicting vacation schedule, the hearing will be continued to the next scheduled
grievance date, and notice of the new hearing date will be sent by certified mail.
If the Contractor or the Local Union grieved does not appear at the continued hearing date, time
and place, the grievance procedure set forth in this Article shall proceed in absentia and the decision of the
subcommittee, full committee or Impartial Arbitrator should be just as valid and binding as if the grieved
Contractor or Local Union had appeared.
J.
For purposes of enforcing wage provisions:
1.
Within 24 hours of a request by the Union to the Contractor, the Contractor shall make
available to an auditor designated by the Union, its payroll records, books, and such other records as are
required by the auditor to determine that the Contractor is complying with the wage provisions of this
Agreement. If the Contractor fails to make the documents available within 24 hours, or within reasonable
extension, it shall be irrebuttably presumed that a violation occurred.
2.
The Union in its sole discretion may file a grievance, or in the alternative file a lawsuit
in court, to correct a violation of the wage provisions of this Agreement, and if the committee, or the Court,
finds a violation, or where there is a determination of a violation, the Contractor shall be liable for the
Union's attorney fees, audit costs, payments to the employees of the difference between that which they
were paid and the amount to which they were entitled, interest to the employees from the date that the
amounts were
due
at
the highest legal
rate, and
10% liquidated damages if delinquent, 20% liquidated
damages if lawsuit has to be filed, to the Union on the total amount, or$ 500. 00, whichever is greater.
3.
Upon a finding by the Union's auditor of a second violation, the Contractor shall lose
the benefit of any wage provision of any agreement providing far the payment of less than the construction
rate from the date the violation occurred and for the remainder of the Project, in addition to the remedies
contained in Section 2, above.
K.
In the event a jurisdiction dispute and/ or alleged misassignment of work, the Arbitrator
shall use the following criteria in resolving such disputes: if the work is described in this Agreement, or
any Union Agreement referred to in Article III.B, the Arbitrator shall award the work to the Union and has
no authority to consider any other factor; if the work is not described in this Agreement or any Union
Agreement referred to in Article III.B, the Arbitrator shall consider indushy practice in Southern California
in determining the assignment of work. If the Arbitrator finds a misassignment of work to employees in a
different craft or represented by a different union, the Arbitrator shall issue an injunction against
continued and future violations, and shall award damages to the Union or grieving Local Union in an
amount equivalent to the hourly wage for such work under this Agreement times the number of hours of
work performed on the job, and to the Trust Funds in the amount equivalent to the hourly contribution rate
for such work under this Agreement times the number of hours of work performed on the job.
ARTICLE XI
STEWARD
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A.
A steward or stewards shall be a working employee, appointed by the business
representative of the Local in whose area the work is being performed, who shall in addition to his work as
a journeyman, be permitted to perform during working hours such of his Union duties as cannot be
performed at other times. The Union agrees that such duties shall be performed as expeditiously as
possible, and the Contractor agrees to allow stewards a reasonable amount of time for the performance of
such duties. The Union shall notify the Contractor of the appointment of each Steward. In no event shall a
Contractor discriminate against a Steward or lay him off,ar discharge him without mutual consent of the
Local involved. If a Contractor and the Local involved do not mutually agree to the termination of a
Steward, then this matter shall be referred to the procedure as provided in Article X. If a Steward is laid off
without notifying the Business Representative and the above procedure is not followed, the Contractar
shall pay the Steward his regular wages for all days lost by this layoff.
The Steward is to receive grievances or disputes from employees of his craft and shall immediately
report them to his Business Agent who shall immediately attempt to adjust said grievance ar dispute with
the Contractor or his representative.
If the grievance or dispute is not satisfactarily adjusted by the Business Agent and the Contractor
or his representative within three( 3) days, either party may refer the matter to the grievance procedure
provided in Article X.
B.
The Contractor agrees and understands that the Steward is not a representative of the
Union, but of the employees on the job on which the Steward is employed. The sole grant of authority to
the Steward by the Union is set forth in Paragraph A, above. The Steward has no other authority expressed
or implied, granted by the Union.
ARTICLE XII
HOLIDAYS
The following days are recognized as holidays: New Year's Day, Memorial Day, Independence
Day, Labor Day, Veterans' Day, Thanksgiving Day, Day after Thanksgiving Day, and Christmas Day. If
any of the above holidays should fall on Sunday, the Monday following shall be considered a legal holiday.
Wark on such days shall be paid for at the Laborers' holiday overtime rate. No work shall be required on
Labor Day except in cases of extreme urgency when life or property is in imminent danger. At such a time
as Federal laws designate certain of the foregoing holidays to be celebrated on Monday, the same shall
apply to this Agreement.
ARTICLE XIII
EXISTING AND OTHER AGREEMENTS
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A.
The Union agrees that should it suffer, permit ar enter into a contract, agreement,
understanding or condition with any employer, or group of employers, on job site construction work within
the territory covered by this Agreement, which contract, agreement or understanding is more favorable to
that employer or group of employers than the terms herein set forth, such more favorable terms shall
immediately be deemed to have been incorporated into this Agreement and applied to Contractors doing
that type, or similar work as an employer, or group of employers, to whom the more favorable terms have
been granted, provided that the Contractor complies with all of the terms and conditions of the contract
containing more favorable terms. The foregoing shall not apply to " special conditions" as set forth
hereafter in Sections B or C, nor to Article XN.
B.
In the event the Union establishes " special conditions" for work covered by this
Agreement, those special conditions shall be made available to the Contractor or individual Contractors
who wish to perform the designated work in the same locality. The provision of this paragraph will not
apply to Special Project Agreements which may be negotiated in any area covered by this Agreement.
C.
The Union will promptly notify the Contractor in writing of any amendment, modification,
exception or addendum of this Agreement which might be negotiated in any area covered by this
Agreement between the Union, an individual employer or group of individual employers.
D.
The provisions ofthis Article will not apply to( 1) special projects or job site agreements
and( 2) the Term, Termination and Renewal Clause in any agreement which may be negotiated in any area
covered by this Agreement.
ARTICLE XIV
TERM, TERIVIINATION AND RENEWAL
The term of this Agreement shall be from January 1, 2013 to July 31, 2015, and for additional
periods of one( 1) year thereafter unless sixty( 60) days prior to July 31, 2015 or any subsequent July 31 st,
either party shall give written notice to the other party by ordinary mail of its desire to modify, amend ar
negotiate changes and terminate.
Notwithstanding any other provision of this Article, the Southern California District Council of
Laborers, at it sole discretion, may terminate this Agreement with an individual Contractor during the term
of the Agreement by giving at least 90 days written notice of termination to the Contractor, provided that
the Union gives the Association and the Individual Contractor an opporlunity to meet to discuss and
attempt to resolve the Union' s intention to terminate the Agreement.
This Article may not be modified by virtue of the provisions contained in Article XIII of this
Agreement.
ARTICLE XV
WORKING RULES FOR LABORERS
The following working rules shall cover the employment of Laborers performing any work
covered by the terms of this Agreement in the area of Southern California as described in Article II,
Paragraph A.
A.
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1.
Eight( 8) consecutive hours, exclusive of ineal period between 5: 00 a.m. and 5: 00
p.m., shall constitute a day's work. Forty( 40) hours, Monday, 5: 00 a.m. through Friday 5: 00 p.m., shall
constitute a week' s work.
2. The starting time of single shifts shall be at 5: 00 a.m., 5: 30 a.m., 6: 00 a.m., 7: 30 a.m.,
or 8: 00 a.m., Monday through Sunday. Starting time shall be changed only to meet a bona fide job
requirement. Starting times may not be staggered. Twenty-four( 24) hours prior written notice shall be
given to the Union in cases of deviation from the original starting time.
3.
All time worked before 5: 00 a.m. and after 5: 00 p.m., or all time worked in excess of
eight( 8) consecutive hours, exclusive of ineal period, and all work performed or hours paid on Saturdays,
Sundays and holidays shall be paid at the appropriate overtime rate.
B.
Multiple Shifts
1.
When so elected by the Contractor, multiple shifts may be worked for three( 3) or
more consecutive working days, provided that the Union is notified in writing twenty-four( 24) hours in
advance of the effective date of the starting of such multiple- shift operations, Saturdays and Sundays
excluded for this notification. Contractor shall have the right to designate the craft or crafts on any project
or portion thereof, who shall work on a multiple- shift basis, provided, however, that men working on
multiple shifts shall not be interchangeable with those working on a single- shift basis. All employees on
multiple or single shifts commencing work prior to the established starting time shall be paid at the
appropriate overtime rate. In no event shall the regular hours of different shifts overlap, nor shall any
interval between shifts exceed the reasonable time necessary to change shifts, and in no event shall such
interval exceed one( 1) hour, except when a special shift is established in accordance with Paragraph D,
Special Shifts.
a. It is understood that a single and a multiple shift may work concurrently on a
project.
2.
When two or three shifts are worked, the first and second shift shall work eight( 8)
consecutive hours, exclusive of ineal period, for which eight( 8) hours of straight time shall be paid
Monday through Friday and the third shift shall work seven( 7) consecutive hours, exclusive of ineal
period, for which eight( 8) hours straight time shall be paid, Monday through Friday. All time worked or
hours paid for, after seven( 7) hours worked or paid for, on the third shift, in one( 1) day on Saturday,
Sunday and holidays shall be paid for at the appropriate overtime rate.
3.
When so elected by the Contractor, a single shift starting at 5: 00 a.m., 5: 30 a.m., 6: 00
a.m., 7: 00 a. m., 730 a. m. or 8: 00 a.m., of four( 4) ten( 10) hour days may be worked for eight( 8) or more
consecutive days, excluding Saturdays, Sundays and holidays, provided the Union is notified in writing
twenty four( 24) hours in advance of the effective date of the starting of such shift. All employees working
this shift shall work ten( 10) consecutive hours, exclusive of ineal period, for which ten( 10) hours of
straight time shall be paid Monday through Friday. All time worked before 6: 00 a.m, or in excess of ten
10) hours in any one( 1) day shall be paid for at the appropriate overtime rate. All hours worked in excess
of forty( 40) hours in any one week shall be paid at the appropriate overtime rate. Written notice shall be
given to the Union in cases of deviation from the original starting time.
4.
Any time worked from Friday midnight to Sunday midnight, or on holidays or in
excess of the regular shift hours or hours paid for shall be paid for at the appropriate overtime rate, except
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2 3-
as provided in Paragraph 5 of this Paragraph B.
5. The Friday graveyard shift ending on Saturday morning will be considered Friday
work. The Saturday graveyard shift ending Sunday morning will be considered Saturday work. The
Sunday graveyard shift ending on Monday morning will be considered Sunday work.
C.
It is agreed that the Contractor and the Union may mutually agree, by telephone to be
confirmed in writing, upon different starting or quitting times for any of the above shift arrangements.
1.
When maintenance or remodeling work cannot be performed on the regular shift
because of the fact that establishments cannot suspend operations during the day, a special single shift may
be employed starting at a time designated by the operations of the establishment, Monday through Friday,
and employees on this shift will work eight( 8) consecutive hours exclusive of ineal period, for which they
will receive eight( 8) hours pay at the straight-time rate.
D.
Emergencies. When it is mutually agreed that an emergency exists, such as earthquakes,
floods or fire, starting time for the shift may be made to fit the emergency and eight( 8) hours in any
twenty-four( 24) hour period may be worked at straight time. All other terms and conditions of this
Agreement shall apply.
E.
1.
Employees shall travel to and from their daily initial reporting place on their own time
and by means of their own transportation. The Contractor shall be responsible for payment of wages from
the reporting point, as ordered by the Contractor, to the jobsite and from job to job and return. However,
employees who voluntarily report to a point for free transportation to the jobsite will not be compensated
for the time enroute and return, unless the employee is required by the Contractor or Owner to report to a
point of free transportation; in such case, the Contractor shall be responsible for payment of wages from
the reporting point. For offshore work, employees will receive travel pay at straight- time rates from point
of embarkation to jobsite and from jobsite to debarkation regardless of mode of transportation, which
transportation shall be at Contractor' s expense. If no camp is furnished by the Contractor, such
transportation shall be furnished daily.
2.
Jobsite Transportation. Whenever because of remoteness of parking areas, hazardous
road conditions or security restrictions, the Contractor is required to furnish transportation for employees
within the jobsite to the place of their" work," this transportation shall be equipped with seats and
handrails.
3.
Parking Facilities. In the event free parking facilities are not available within three
hundred and fifiy( 350) yards of a jobsite, the Contractar will provide such facilities and the Contractor
shall have the right to designate parking areas to be used. Where, because of congested parking conditions,
it is necessary to use parking facilities, the Contractor shall reimburse the employee for the cost of such
parking upon being presented with a receipt ar voucher certifying to the cost thereof, such reimbursement
to be made on a weekly basis or at the conclusion of the project, whichever occurs earlier. Designated
parking areas shall be reasonably level and graded to drain.
F.
Subsistence
1.
For purposes of this Agreement, the Contractor's shop or permanent place of business
shall be considered that Contractor's Zone Center.
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2.
Employees working more than 70 road miles from the Contractor's Zone Center will
receive$ 45. 00 per day for subsistence or room and board in lieu of subsistence during the term of this
Agreement. This provision will not apply to employees dispatched directly to the job site and who live
within 70 miles of the project.
3. An employee or workman who is required to report or perform any work in a
subsistence area for any portion of the day or shift shall receive the established subsistence rate for the
entire day or shift.
4.
Subsistence as provided in Paragraph F- 2 hereof shall be paid on jobs on the following
offshore islands:
Richardson Rock
Santa Cruz Island
Arch Rock
San Nicholas Island
Santa Catalina Island
San Miguel Island
Santa Barbara Island
San Clemente Island
Santa Rosa Island
Anacapa Island
Employees reporting at the embarkation point for travel to the above- named islands shall be paid
travel time from the mainland to the islands and return at the straight-time rate and in no event shall the
travel time be less than one( 1) hour regardless of mode of travel.
5.
In lieu of subsistence, the Contractor may provide and maintain acceptable room and
board on or immediately adjacent to the project seven ( 7) days per week in compliance with California
State Law.
6.
Where the Contractor is signatory to an agreement with the Southern California Pipe
Trades District Council 16(" U. A. Agreement"), under no circumstances shall an employee under this
Agreement receive less subsistence than provided for in the U.A. Agreement.
G.
Meal Period
Employees shall not work more than five( 5) consecutive hours without a one- half( 1/ 2) hour meal
period. When employees work over five( 5) hours without being provided with a onehalf( 1/ 2) hour meal
period, they shall receive one- half( 1/ 2) hour pay at the double time( 2) rate, in addition to their normal
straight time shift period of eight( 8) hours. When an employee is required to work more than three( 3)
hours after his regular shift, he will be entitled to a one- half( 1/ 2) hour meal period at the end of the three
3) hours without loss of pay and an additional onehalf( 1/ 2) hour each five( 5) hours thereafter, without
loss of pay. In the event an employee is required to work through an overtime meal period, then the
employee shall receive pay for an additional one-half( 1/ 2) hour at the double time( 2) rate. Meal periods
may be staggered to meet job requirements.
H.
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2 5-
The parties to this agreement recognize Industrial Wage Order 16- 2001 covering " On Site
Mining, Drilling and Logging Industries." Any dispute or grievance arising from the Wage
Construction,
Order shall be processed under and in accordance with Section X, Procedure for Settlement of Grievances
and Disputes of this Agreement.
Wherever the Wage Order refers to collective bargaining agreements, this Landscape Agreement shall be
deemed to satisfy all of the requirements for treatment as a qualified collective bargaining agreement.
I.
Payment of Wages
1.
All wages shall be paid on a designated weekly payday and in no event shall the
Contractor withhold more than five( 5) working days. If the regular payday falls on a holiday, the
employees shall be paid on the next regular workday. Employees shall be paid prior to the ending of their
regular shift. In the event an employee is not paid prior to the ending of his regular scheduled shift, he shall
be compensated in increments of one- half( 1/ 2) hour at the applicable overtime rate until such time as he
does receive his pay.
2.
When employees are laid off or discharged, they must be paid wages due them at the
time of layoff or discharge. At such times as an employee is paid, he shall be furnished a personal record
showing straight time and overtime hours paid and all deductions itemized for the current pay period. Such
record shall show the employee' s name, and the Contractor's name and address. In the event the Contractor
fails to pay employees laid off or discharged, they shall be paid waiting time at the straight-time rate of
eight( 8) hours per day, five( 5) days per week, until the time such payment has been made.
3.
An employee who quits shall be mailed his pay in full by certified mail to his last
known address within seventy-two( 72) hours, or be paid priar to leaving the job or project. In the event
these stipulations are not met, he shall receive waiting time as noted above. If the employee has previously
authorized electronic payrnent of wages, payment of the final check may also be made by electronic deposit
as long as it meets the time criteria specified in this Addendum.
4.
If a Contractor pays an employee by check, draft or voucher, which check, draft or
voucher is subsequently refused payment because the Contractor has no account with the bank, institution
or person on which drawn, or insufficient funds to his account at the time of presentation, the Contractor
shall be required to issue only certified checks for all employees working under this Agreement on that job
for the duration of the job on which said check was issued, and shall reimburse the employee immediately
by certified check for the insufficient fund check issued and for the bank charges assessed.
J.
When an employee is injured while at work to the extent of being unable to work for the
balance of the day, he shall be paid for a full day at his regular rate. His ability to work or not to work shall
be determined by a qualified physician.
K.
The Contractor shall not discharge or discriminate against an employee under this
Agreement because of any industrial injury incurred prior to the employment, or the filing of a claim for
worker's compensation benefits.
L.
Workers referred under Article V to the Contractor's job who arrive in an unfit condition
for work, without a written dispatch slip from the employment facility or who are not ready to go to work
or who are not otherwise qualified in accordance with their written dispatch slip from the employment
facility shall not be paid show up time or subsistence. Workers who do not possess the required
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2 6-
documentation as set forth on INS 1- 9 will not be entitled to subsistence or show up time. Grievances or
disputes arising out of the interpretation or application of this particular paragraph shall be referred to the
procedures for settlement of grievances and disputes.
M.
Construction projects for which the Union or Contractor requests a pre job conference to
be held shall be arranged by mutual consent by the Building and Construction Trades Council having
jurisdiction in the area where the project is located.
N.
Any time worked on Saturday, Sunday or holidays outside of the shift hours provided in
the Agreement shall be paid for on the basis of the actual hours worked at the Laborers' overtime rate,
except that any workers or employees reporting for work at the stipulated time and for whom no work is
provided shall receive pay for two( 2) hours at the overtime rate; any workers or employees who report for
work and for whom work is provided shall receive not less than four( 4) hours pay at the overtime rate; and
if an employee works mare than four( 4) hours, he shall be paid for the actual hours worked at the overtime
rate.
O.
Any worker or employee reporting for work at the regular starting time and for whom no
work is provided shall receive pay for two( 2) hours at the stipulated rate for so reporting, unless he has
been notified before the end of his last preceding shift not to report; and any worker or employee who
reports for work and for whom work is provided shall receive not less than four( 4) hours pay; and if more
than four( 4) hours are worked in any one day, he shall receive not less than a full day's pay therefore
unless prevented from working for reasons beyond the control of the Contractor, including but not limited
by, such factors as inclement weather, a breakdown causing discontinuance of a major unit of the project
during which time workers or employees are not required or requested to remain on the project by the
Contractor or his agent.
P.
Flagmen shall be entitled to adequate relief for the use of toilet facilities.
Q.
The Contractor shall furnish cool and potable drinking water in sufficient quantities for
the needs of the employees and make available sanitary drinking cups and adequate toilet facilities in
accordance with California State Law.
R.
The Contractor shall be required to furnish goggles andlor hard hats where needed. When
employees are required to work outside in the rain or snow, they shall be furnished raincoats, rain hats and
boots. Employees working in or handling cement or concrete shall be furnished rubber boots and gloves.
Employees required to work in mud, slush or water shall be furnished boots and other necessary
waterproof clothing. The employee shall return all such clothing to the Contractor in the same condition as
received, subject to reasonable wear and tear. Such equipment shall be sanitized before reissue. The
employee shall sign for receipt of such protective clothing, and on signed authorization the reasonable
value of such protective clothing may be deducted from the employee' s paycheck. Upon return of the
protective clothing, the employee shall be reimbursed in the amount of the deduction,
S.
Anything in this Article to the contrary notwithstanding, if adverse weather or jobsite
ground conditions require that the job be shut down for one or more warkdays or the equivalent thereof
during the regular workweek, the Contractor in that event shall have the option of working that jobsite the
Saturday of the same workweek for eight( 8) hours at regular time rates and subject to all other applicable
provisions of this Article to work during the regular workweek.
T.
Workers and/ or employees shall not be required to sign any documents other than those
required by law. Under no circumstances will an employee be required to sign any other document, and the
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Union shall not be held in violation of this Agreement for ceasing to work on a job or project where such
demand is made by the Contractor.
U.
Safety. The Unions shall cooperate with the individual Contractor and with each other in
carrying out all of the individual Contractor's safety measures and practices for accident prevention, and
employees shall perform their duties in each operation in such a manner as to promote efficient operations
of each particular duty and of any job as a whole. The individual Contractor must post the name and
address of its doctor and the compensation insurance carrier on the jobsite.
1.
An employee who has been found, through the grievance procedure, to have been
unjustifiably disciplined or discharged for refusing to perform work which would endanger his health or
safety, or the health or safety of any other employee, shall be reinstated in his former classification. This is
not to be construed as a waiver of the employee' s rights under Section 502 of the Labor- Management
Relations Act of 1947, as amended.
2.
The Contractor shall be solely responsible for implementation and maintenance of
such safety laws, rules, regulations, standards, orders and decisions. Neither the Union nor any Local
Union is responsible for such implementation or maintenance.
V.
Rest Periods
1.
termination
of
any
Employees shall be given a rest period of not less than six( 6) hours between the
overtime work, except
for
preshift overtime work
up to
a m
imum of eight( 8) hours,
and the commencement of another straight-time shift, unless performing emergency wark which is not
considered a normal job operation.
2.
If employees do not receive the required six( 6) hours rest period, they shall be paid at
the applicable overtime rate for each hour worked until they receive six( 6) hours rest off the job or project,
regardless if a new workday starts or not.
ARTICLE XVI
FRINGE BENEFITS
A.
Health and Welfare Trust Fund
1.
California the
sum
The Contractor shall pay to the Laborers' Health and Welfare Trust Fund for Southern
designated in Attachment# 1 for each hour worked( or paid) on all classifications
specified in this Agreement. The Contractor may make voluntary contributions on behalf of supervisory
employees above the rank of craft foreman in the amounts and manner to be determined by the Trusteese
2.
The Contractor elects to become a party to the Agreement and Declaration of Trust
establishing the Laborers' Health and Welfare Trust for Southern California. The Contractor approves and
consents to the appointment of the Trustees designated by the Labarers' Health and Welfare Trust
Agreement of Southern California, and further ratifies, confirms, and consents to all acts heretofore taken
in the creation and administration of said Trust by the joint Trustees, their agents and representatives, and
agrees to be bound by all the terms and conditions, provisions, privileges and obligations provided for by
the Agreement and Declaration of Trust in their ariginal form and as amended.
3.
2013- 2015
The Laborers Health&
Welfare Trust for Southern California is party to a
2$-
Money- Follows- The- Man
other
Laborers Health&
Agreement
California Laborers Health&
contributions paid
with
the Northern California Laborers Health&
Welfare Trust and
Welfare Trusts, that permits employees whose home Trust is the Northern
Welfare Trust
to the Laborers Health&
or other
participating Health&
Welfare Trusts to have
Welfare Trust for Southern California transferred to those
Trusts in accordance with and subject to the terms of the Money-Follows-The- Man Agreement. Pursuant
to Subsection 1,
above, all contributions
for hours
worked or paid must
be
made
to the Health&
Welfare
Trust for Southern California.
B.
Pension Trust Fund
1.
The Contractor
shall
pay the
sum
designated in Attachment# 1 for each hour worked
or paid for) in the Eleven Southern California Counties area to the Construction Laborers' Pension Trust
Fund for Southern California for all classifications specified in this Agreement. If the Contractor brings
key employees from San Diego County and these employees are properly cleared by the Local Union in
whose area to work is performed, the Contractor shall make the required contribution to the San Diego
Pension Trust Fund. The Contractor may make voluntary contributions on behalf of supervisory employees
above the rank of craft foreman in the amounts and manner to be determined by the Trustees.
2.
The Contractor
shall
pay the
sum
designated in Attachment# 1 per hour warked( or
paid for) in San Diego County on all classifications specified in this Agreement to the Laborers San Diego
Pension Trust Fund. If the Contractor brings key employees from the Eleven Southern California Counties
and these employees are properly cleared by Local 89, the Contractar shall make the required contributions
to the Laborers Pension Trust Fund for Southern California.
3.
The Contractor elects to become a party to the Agreements and Declarations of Trust
establishing the Construction Laborers Pension Trust for Southern California and the Laborers San Diego
Pension Trust Fund. The Contractor approves and consents to the appointment of the Trustees designated
by the Construction Laborers' Pension Trust for Southern California and the Laborers San Diego Pension
Trust Fund, and further ratifies, confirms, and consents to all acts heretofore taken in the creation and
administration of said Trusts by the joint Trustees, their agents and representatives, and agrees to be bound
by all the terms, conditions, provisions, privileges and obligations provided for by said Agreements and
Declarations of Trust in their original form and as amended.
4.
The Construction Laborers Pension Trust for Southern California is party to a
Money-Follows-The- Man Agreement with the Northern California Laborers Pension Trust, the San Diego
Laborers Pension Trust and other participating Laborers Pension Trusts that permits employees whose
home Trust is the Northern California Laborers Pension Trust, the San Diego Laborers Pension Trust or
other participating Pension Trusts to have contributions paid to the Construction Laborers Pension Trust
for Southern California transferred to those Trusts in accordance with and subject to the terms of the
Money-Follows-The- Man Agreement. Pursuant to Subsection 1, above, all contributions for hours warked
or paid must be made to the Construction Laborers Pension Trust for Southern California.
C.
Vacation Trust Fund
1.
The Contractor
agrees
to pay the
sum
designated in Attachment# 1 for each hour
worked( or paid) to the Construction Laborers' Vacation Trust Fund for Southern California for all
classifications specified in this Agreement. This amount includes a sum designated by the Union as
supplemental dues and said dues may be amended from time to time by the Union.
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2 9-
2.
The Contractar elects to become party to the Agreement and Declaration of Trust
establishing the Construction Laborers' Vacation Trust for Southern California. The Contractor approves
and consents to the appointment of the Trustees designated by the Construction Laborers' Vacation Trust
Agreement for Southern California, and further ratifies, confirms, and consents to all acts heretofore taken
in the creation and administration of said Trust by the joint Trustees, their agents and representatives, and
agrees to be bound by all the terms, conditions, provisions, privileges and obligations provided for by said
Agreement and Declaration of Trust in their original form and as amended.
D.
Training Trust Fund
1.
The Contractor
agrees
to pay the
sum
designated in Attachment# 1 for each hour
worked( or paid for) to the Laborers' Training and Retraining Trust for Southern California for all
classifications specified in this Agreement.
2.
The Contractor elects to become a party to the Agreement and Declaration of Trust
establishing the Laborers Training and Retraining Trust for Southern California. The Contractor approves
and consents to the appointment of the Trustees designated by the Laborers' Training and Retraining Trust
Agreement for Southern California, and further ratifies, confirms, and consents to all acts heretofore taken
in the creation and administration of said Trusts by the joint Trustees, their agents and representatives, and
agrees to be bound by all the terms, conditions, provisions, privileges and obligations provided for by said
Agreement and Declaration of Trust in their original form and as amended.
E.
Center for Contract Compliance
1.
The Contractor
shall
pay to the Center for Contract Compliance(" C. C. C.") the sum
designated in Attachment# 1 per hour worked or paid for on all classifications contained in this
Agreement.
2.
The Contractor elects to become a party to the Agreement and Declaration of Trust
establishing the C.C. C. The Contractor approves and consents to the appointment of the Trustees
designated by the C. C. C. and further ratifies, confirms, and consents to all acts heretofore taken in the
creation and administration of said Trust by joint Trustees, their agents and representatives, and agrees to
be bound by all the terms, conditions, provisions, privileges and obligations provided for by said
Agreement and Declaration of Trust in its original form and as amended.
F.
Administrative Trust:
1.
Contractors covered by the terms of this Agreement agree to pay to the Laborers'
Trusts Administrative Trust Fund for Southern California( Administrative Trust Fund) the sum designated
in Attachment# 1 for each hour worked or paid for on all classifications contained in this Agreement.
2.
Contractors covered by the terms of this Agreement approve and consent to the
appointment of the Trustees designated by the Laborers' Trusts Administrative Trust Agreement for
Southern California and further ratify, confirm and consent to all acts heretofore taken in the creation and
administration of said Trust by the joint Trustees, its agents and representatives, and agree to be bound by
all the terms, conditions, provisions, privileges and obligations provided for by said Agreement and
Declaration of Trust as same may be constituted in its original form, as amended, and as may be
subsequently amended.
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30-
3.
The primary purpose of the Administrative Trust Fund shall be to pay operating costs
of the Vacation Trust Fund that cannot be paid from interest revenue, forfeitures, and payments and
income other than actual hourly contributions to the Vacation Trust Fund for hours worked or paid
referred
to
as "
Operating
Cost Shortfall"). If the auditor for the Vacation Trust Fund certifies that the
Administrative Trust Fund has sufficient assets to pay the Operating Cost Shortfall for at least 24 months,
the excess assets of the Administrative Trust Fund shall be used to pay administrative expenses of the
Health&
Welfare Trust Fund or Pension Trust Fund; or the Union, upon 30 days written notice to the
Associations, may reallocate future contributions to the Administrative Trust Fund, to the Health&
Welfare Trust Fund or Pension Trust Fund.
G.
When the Contractor transfers key Laborers out of the geographical area of the Agreement
to an area where the Contractor is not signatory to a Laborers' Agreement, the Contractor shall contribute
to the Trust Funds set forth in this Agreement for all hours worked by or paid to such key Laborers for the
duration of the job for which they were transferred. If the key Laborer is from the Eleven Southern
California Counties his contributions shall include contributions reported to the Construction Laborers
Pension Trust Fund for Southern California. If the key Laborer is from San Diego County, his
contributions shall be reported to the San Diego Pension Trust Fund.
ARTICLE XVII
DELINQUENCY AND COLLECTION PROCEDURE
A.
The Contractor shall pay its monthly contributions to the Trust Funds accompanied by a
fully completed and executed report form furnished by the Trust Funds. The Contractor shall include with
the monthly report form in a format acceptable to the Trust Funds:
The identification of each job warked on by the Contractor during the month, including
the job location, the owner of the job location property, and the name and address of the entity for
a)
whom the Contractor is working.
b)
The name and social security number of each employee who performed covered work,
indicating the number of hours each employee worked on each jobsite.
The provisions of subsections a. and b. above shall be implemented by the Trust Fund Administrator, in
consultation with the Associations and Union, in a way that minimizes any inconvenience to the
Contractor. The information provided by the reports required by subsections a. and b. shall be maintained
in a confidential, restricted access manner by the Trust Funds for collection and fringe benefit eligibility
purposes.
B.
The Trustees of the Trust Fund shall furnish to the Contractor and the Union a list of
delinquent contractors each month. Such list will also be available to all signatory Contractors on request,
subject to such reasonable cost as may be determined by the administrative office of the Trust Funds as
representing the cost of duplication and transmission of such list, payment for which is to be made in
advance. The Contractor agrees he will not subcontract any portion of his job to any subcontractor whose
name appears on the delinquent list until such subcontractar has paid all delinquent monies to the Trust
Funds. In the event the Contractor subcontracts to any such delinquent subcontractor in violation of the
foregoing, the Contractor shall remove such subcontractor from the job immediately, unless such
delinquent subcontractor immediately makes full payment for all delinquencies to the Trusts.
C.
2013- 2015
If the Contractor fails to remove the delinquent subcontractor, the Contractor shall become
31-
financially responsible for all fringe benefits owed to any funds established by this Agreement by the
Contractor or by his subcontractor or the subcontractor of his subcontractor for work performed on the
Contractor's job or project in accordance with the requirements set forth below.
D.
The term " Contractor" for delinquency purposes only, shall also include all entities of the
delinquent Contractor, change of name, or change of entity, provided that the delinquent contractor holds
at least ten( 10%) percent ownership in the new entity.
E.
In the event the Contractor subcontracts to a subcontractor that is not in the delinquency
list at the time the subcontract is entered into, and the subcontractor subsequently became delinquent, the
Trust office shall notify the Contractor of any delinquency of the subcontractor within ninety( 90) days of
the date the delinquency first occurred by certified mail, and in no case shall the Contractor be liable for
fringe benefit contributions of a subcontractor for more than ninety( 90) days prior to the date the Trust
Office notice is sent to the Contractor. A courtesy copy of the notice shall be sent to the Association that
represents the Contractor; provided, however, that the Trust Office' s failure to send such notice to the
Association shall not affect the Trust's rights against the Contractor.
F.
Where a Contractor contracts with a listed delinquent subcontractor or subcontractor, and
the Contractor fails to terminate the subcontract of such delinquent subcontractor, or subcontractors, the
Contractor shall become financially responsible for the liability of the delinquent subcontractor's fringe
benefits on that job from the commencement of the work under the subcontract to the date of termination
of that subcontract.
G.
The Trust office shall send delinquency notices to Contractors whose contributions are not
paid as required. The Trust Office shall notify the Union of those Contractors who fail to pay within five
5) days of such notice, and the Union may, within fortyeight( 48) hours after receipt of such notice,
withhold service from the Contractor involved until contributions are paid or satisfactory arrangements
made with the trustees for payment.
H.
Any employee rendered unemployed by reason of the foregoing shall not be deemed
engaged in a work stoppage or labor dispute, but shall be deemed constructively laid off by the Contractor
by failure to pay monies due for the benefit of the employees. The Contractor agrees that such employees
are entitled to unemployment insurance and warrants that he will take no action to interfere with the
employee's application for unemployment insurance. Any dispute in connection with this paragraph is
subject to the grievance procedure.
L
The Trust Office shall issue delinquency notices and clearances to Contractors confirmed
in writing.
J.
All employees shall be covered by this Agreement and the provisions applicable to the
Trust Funds. The Trustees shall have authority to audit Contractor records to determine the appropriate
contributions and shall have specific authority to examine the Contractor's records, including but not
limited to all payroll records( including time cards, certified payroll recards, electronic payroll records, and
all records reflecting payments to trust funds other than Laborers Trust Fund of Southern California,
Federal W-2 Forms, 1099 and 1096 Forms, Quarterly State Ta c returns), all cash disbursement ledgers, all
canceled checks, check registers, invoices and bank account statements. If requested by the Trusts, the
Contractor shall provide payroll breakdown by job and shall provide the job location, legal description of
the jobsite property if known, the owner ofjob location, the name and address of the entity for which the
Contractor is warking, the contact telephone number for the job, the names and social security numbers of
2013- 2015
3 2-
the employees working on the job, the number of hours worked by each employee on the job, all
preliminary notices, mechanic liens and stop notices on the job, other relevant job location information
requested by the Trusts and certification of workers compensation coverage. The Trustees may file suit to
enforce this obligation, and shall recover their attorney fees and costs, whether or not the audit reveals a
delinquency. Any Contractor delinquent under this Article may be required by the Trust Funds to submit,
in addition to its regular reports, payroll breakdowns by job, and the failure to timely submit job
breakdowns shall be considered a delinquency under this Article. If a Contractor refuses to furnish any of
the foregoing documents, the Union may take economic action.
K.
The Contractor has a duty to report to the Trust Funds as required by the Agreement. The
Contractor shall maintain for a period not less than four( 4) years all payroll and related records showing
all payments to persons or entities for work of the nature covered by this Agreement, including the recards
described in section J, above. The Contractor shall make available such records for audit by the Trust
Funds representative upon written request. The Contractor and the Union agree that such audits are
expensive and time consuming for the Trust Funds and the Contractar, but the Trust Funds otherwise have
no way of knowing the full extent of the Contractar's obligations, since the records showing the related
employment are in the possession and control, of the Contractor. In order to minimize the need for an
frequency of such audits, the Contractor agrees that the Trustees and the Union place trust and confidence
in the Contractor to report and pay contributions properly.
L.
It is recognized that a delinquency in contributions causes damages beyond the value of
the unpaid contributions, which are difficult to quantify. These damages include, but are not limited to, the
administrative costs of processing and collecting delinquencies, the costs of adjusting benefit credits and
notifying participants, the additional burden placed on Contractors who faithfully pay their contributions,
and the burden upon participants and beneficiaries who may be unable to qualify for benefits they may
have otherwise been entitled to but for the delinquency of the Contractor. Because these damages are
difficult, if not impossible, to quantify on a case- by-case basis, the parties agree that liquidated damages,
not a
penalty, for
such
losses
shall
be
set at
the
greater of$ 25 or
20% of the contributions late or unpaid for
each Trust Fund. The parties have reviewed the costs of collection by the Trust Funds, and agree that 20%
liquidated damages is an accurate projection of the Trusts' damages that result from a delinquency. In
addition, any Contractor delinquent in its obligations under this Article shall be required to pay interest on
the delinquent contributions( at a rate to be set by the Trustees of the Trust Funds), and any audit fees. In
the event that litigation is necessary to collect any delinquent contributions( including litigation to enforce
mechanic liens, stop notices, bond claims or similar remedies, and any bankruptcy or receivership
proceedings) or to enforce any obligation under this Article, in addition to liquidated damages owed by the
delinquent Contractor, the Contractor shall also be liable for all reasonable attorney fees and legal costs
incurred in such litigation. The Trustees of the Trust Funds may waive or reduce the amount of liquidated
damages, at their sole discretion and consistent with their fiduciary duties. The decision of the Trustees in
any request to waive or reduce liquidated damages shall be final and binding upon the parties.
M.
The Trust Funds' Joint Delinquency Committee may require a Contractor to post a
satisfactory bond in a sum equal to two( 2) times the amount of the delinquency or such lesser amount as
the Committee may determine, to secure payments of contributions to the Trust Funds. Such amounts are
to be determined by the Trust Funds, and shall increase if the Contractor's delinquency increases. The bond
shall not be construed in any way as in lieu of any payments required under this Agreement. All such
bonds shall be deposited with the Trust Administrator and shall be in a form acceptable to the Trusts. The
bond shall remain in effect for a period of 36 months after the delinquency giving rise to the obligation to
post the bond or until one year after the date that the Contractor is no longer bound to the Agreement or
any successor Agreement, whichever is earlier.
2013- 2015
3 3-
N.
For the purposes of this Agreement, delinquency in failure to make the required reports
and contributions to the Trust Fund as determined by the Trustees shall consist of the following:
a) Failure to submit trust report forms completely filled out and executed.
b) Failure to report on all employees.
c) Failure to make the payments as required on time.
d) Failure to pay audit amounts and audit fees and other costs and damages as
determined by the Trust.
e) Failure of the bank to honor checks submitted.
fl Failure to pay monies due.
g) Failure to submit to an audit.
O.
In addition to any other remedies under this Article, any Trust Fund may terminate the
participation of a delinquent contractor. Notice of such termination shall be sent to the Contractor, the
Union, and each of the employees listed on the last report submitted by that Contractor, and shall be
effective 30 days from such notice. Upon termination, no employee of the delinquent Contractor shall
accrue credit for any benefits for hours worked for that Contractor. However, termination shall not end or
alter the obligations of the Contractor( or any Contractor subcontracting to that Contractor) under this
Article. In addition to any other damages under this Article, a Contractor so terminated shall be liable to
the Trust Fund for the cost of notice, and shall be liable to its employees for the value of any benefits lost
in an amount not exceeding the hourly contributions and liquidated damages that would otherwise have
been due.
ARTICLE XVIII
CLASSIFICATIONS WAGE RATES AND OVERTIlVIE
The following hourly wage rates shall apply to the following classifications on all work covered by
the terms of this Agreement.
A.
Overtime Rates. Time and one- half, except hours worked over 12 in a single workday,
Sundays and holidays which are double( 2) time.
B.
seventy five
Foremen. All Landscape/ Irrigation Laborer Foremen shall be paid not less than one dollar
1. 75) per hour more than the hourly wage rate of the highest paid employee over
which they have leadership. The selection of the employee who will be the Laborer Foreman is at the sole
and
cents($
discretion of the Contractor. Where the employees of the Contractor employed on the project are
predominantly Labarers and performing Laborers' wark, the employee selected by the Contractor to be
foreman shall be an employee employed under the terms of this Agreement and shall receive the Laborer
Foreman's wage rate. The Laborers Foreman may work with the tools of the trade.
C.
The following conditions apply to the use of the Tenders classification for
Landscape/ Irrigation work:
2oi3-2o 5
34-
1. Tenders may only perform the following work on landscape/ irrigation projects:
Assisting the Landscape Laborer with the wire installation, unloading of materials,
distribution of pipe, stacking of sprinkler heads and risers, the setting of valve boxes and thrust block, both
precast and poured in place, cleaning and backfilling trenches with a shovel, cleanup and watering during
construction and all other landscaping, planting and all work involved in laying and installation of
landscape irrigation systems.
2.
The first employee on the jobsite shall be a Landscape/ Irrigation Laborer. the second
employee may be a Landscape/ Irrigation Laborer or an apprentice. The next two employees may be
Tenders. Thereafter, Tenders may be employed with Landscape/ Irrigation Laborers at no more than a
50/ 50 ratio.
3. In the event a Contractor violates the manning ratio specified in Paragraph 2, above,
the Contractor shall be required to pay the full Landscape/ Irrigation Laborer wage rate and benefits on all
such work performed on the project.
4.
Landscape/ Irrigation Tenders may not be employed on jobsites governed by the Davis
Bacon Act, but if so employed, the Contractar must pay the full Landscape/ Irrigation Laborer wage and
fringe benefits rates.
D.
Minimum Hourly Wage Scales: In the event a Laborer is worked in the classification of a
Landscape Irrigation Fitter on a public works job, the Laborer shall be paid the greater of the total package
contained in this Agreement for Landscape Laborer Journeyman or the Department of Industrial Relations
DIR) prevailing wage determination for Landscape Irrigation Fitter. In the event the DIR prevailing wage
determination is the applicable rate for Landscape Irrigation Fitter, the Contractor shall pay such rate, as
allocated by the Union, provided no less than the base wage rate for Landscape Irrigation Fitter is paid.
Effective 1/ 1/ 13
Effective 1/ 1/ 13
Effective 1/ 1/ 13
Landscape/ Irrigation Laborer
Landscape/ Irrigation Laborer
Landscape/ Irrigation Laborer
11 Southern California Counties
on
San Diego
Building
Wages
26. 23
Health&
Welfare
6. 81
Wages
Health&
on San Diego
Projects
Engineering Projects
26. 77 Wages
Welfare
6. 81
26. 65
Health & Welfare
6. 81
Pension
6. 00 Pension
5. 30 Pension
530
Vacation*
3. 90 Vacation*
3. 90 Vacation*
3. 90
0. 64
Training
0. 64
Training
0. 64
CCC
0. 25
CCC
0. 25 CCC
Trust Admin. Fund
0. 09 Trust Admin. Fund
0. 09 Trust Admin. Fund
0. 12
0. 12
Industry
Total
2oi3-2oi5
Fund
Industry Fund
44. 04 Total
Training
Industry
43. 88 Total
35-
0. 25
Fund
0. 09
0. 12
43, 76
Effective 1/ 1/ 13
Effective 1/ 1/ 13
Effective 1/ 1/ 13
Landscape/ Irrigation Truck
Landscape/ Irrigation Truck
Landscape/ Irrigation Truck
Driver
Driver
Driver
Landscape/ Irrigation
Landscape/ Iirigation
Landscape/ In-igation
Equipment Operator
Equipment Operator
Equipment Operator
San Diego
San Diego County on
Engineering Projects
11 Southern California
Counties
Wages
Building
30. 51
Health&
Welfare
County
on
Projects
Wages
30. 51
10. 35 Health&
Welfare
Wages
30. 51
11. 05 Health&
Welfare
11. 05
Pension
6. 00 Pension
530 Pension
5. 30
Vacation*
3. 90 Vacation*
3. 90 Vacation*
3. 90
Training
0. 64
0. 64
0. 64
CCC
0. 25 CCC
0. 25 CCC
Trust Admin. Fund
0. 09 Trust Admin. Fund
0. 09 Trust Admin. Fund
0. 12
0. 12
Fund
Industry
Total
Training
Industry Fund
51. 86 Total
Training
0. 25
0. 09
Fund
Industry
51. 86 Total
0. 12
51. 86
Effective 1/ 1/ 13
Effective 1/ 1/ 13
Effective 1/ 1/ 13
Landscape Hydro Seeder
Landscape Hydro Seeder
Landscape Hydro Seeder
11 Southern California
San Diego
Counties
Wages
on
27. 33
Health&
Welfare
6. 81
Building
County
San Diego County
on Engineering Projects
Projects
Wages
28. 77 Wages
Health&
Welfare
6. 81
27. 81
Health&
Welfare
6. 81
Pension
6. 00 Pension
5. 30 Pension
5. 30
Vacation*
3. 90 Vacation*
3. 90 Vacation*
3. 90
Training
0. 64
Training
0. 64
0. 64
CCC
0. 25
CCC
0. 25 CCC
Trust Admin. Fund
0. 09 Trust Admin. Fund
0. 09 Trust Admin. Fund
0. 12
0. 12
Industry
Fund
Total
Industry
Fund
45. 14 Total
Training
0. 25
Industry
Fund
45. 88 Total
Effective 1/ 1/ 13
Effective 1/ 1/ 13
Landscape/ Irrigation Tender
Landscape/ Irrigation Tender
11 Southern California Counties
San Diego County on
11, 04 Wages
Health&
Welfare
Pension
Training
2oi3-2oi5
0. 51
0
CCC
Industry
Welfare
0 Pension
Vacation*
Tota l
11. 04
4. 70 Health&
0. 51
0
Training
0. 09 CCC
Fund
0. 12
Industry
4. 70
0
Vacation*
0. 09
Fund
16. 46 Total
0. 12
16. 46
36-
0. 12
44. 92
All Projects
Wages
0. 09
Includes supplemental dues if so authorized.
E.
Future Increases:
1.
Future Increases for all classifications in this Agreement( except Public Tenders) in
Southern California and San Diego are as follows:
August 1, 2013 -$ 1. 25
August 1, 2014- $ 1. 75
2.
Public Tender rates shall be at the identical total package as the U.A. Tradesman
although the allocation may be different) over the term of the Agreement, including all increases.
3.
The Union may allocate these increases to wages and/ or fringe benefits upon at least
90 days' written notice prior to the effective date.
ARTICLE XIX
APPRENTICESHIP
A.
The Contractors and the Union recognize the need for apprentice training and to this end
shall indenture apprentices in conformity with California Labor Code Section 1777. 5 governing
employment of apprentices upon public work. Apprentices shall be employed in accordance with the
Standards and guidelines as established by the Laborers Joint Apprenticeship Committee( JAC) and
approved by the Division of Apprenticeship Standards. The terms and conditions of this Agreement shall
apply to Apprentices.
B.
(
1)
The ratio of Construction Craft Laborer Apprentices to Journeymen shall be one
Construction Craft Laborer Apprentice when at least five( 5) Journeymen are regularly employed( although
the Apprentice may be the second laborer on the job), and one( 1) additional Construction Gaft Laborer
Apprentice for every five( 5) additional Journeymen. An Apprentice shall not work on the jobsite unless
supervised by a Journeyman. Notwithstanding the above stated mandatory ratio, a qualified employer may
employ one( 1) Construction Craft Laborer Apprentice for the first four( 4) Journeymen( although the
apprentice may be the second laborer on the job) and one( 1) Construction Craft Laborer Apprentice
thereafter for each four( 4) Journeymen on the job. No apprentice shall work without a Journeyman on the
job. If a different ratio is adopted by the JAC, the new ratio shall be incorporated in this Agreement.
2) The ratio of Laborer Irrigation Fitter Apprentices to Journeyman shall be one Laborer
Irrigation Fitter Apprentice when at least five( 5) Journeymen are regularly employed( although the
Apprentice may be the second laborer on the job), and one( 1) additional Laborer irrigation Fitter
Apprentice for every five( 5) additional Journeymen. Notwithstanding the above stated mandatory ratio, a
qualified employer may employ one( 1) Laborer Irrigation Fitter Apprentice for each one( 1) Journeyman
on the job. The one( 1) to one( 1) ratio is subject to the approval of the JAC and DAS. If a different ratio
is adopted by the JAC, the new ratio shall be incorporated in this Agreement. An Apprentice shall not
work on the jobsite unless supervised by a Journeyman.
C.
The Contractor will make an effort to keep Apprentices reasonably employed regardless of
period status or advancement to a higher period of pay.
2oi3-2ois
37-
D.
The Local Union, through the Joint Apprenticeship Committee, shall dispatch Apprentices
to the Contractors.
E.
The Contractor shall pay to Construction Gaft Laborer Apprentices the wages and to the
Trust Funds the sums designated below for each hour worked or paid to Apprentices.
a)
11 SOUTHERN CALIFORNIA COL7NTIES
i) Construction Gaft Laborer Apprentice wages shall be paid pursuant to the
wage schedule set forth below and contained in the Construction Craft Laborer Apprenticeship Standards
of the Joint Apprenticeship Committee:
1
2nd
500 hours
50%
$
15. 55
501- 1000 hours
55%
$
17. 10
1-
st period
period
3rd
period
1001- 1500 hours
60%
$
18. 65
4th
period
1501- 2000 hours
70%
$
21. 76
Sth
period
2001- 2500 hours
80%
$
24. 87
6th
period
2501- 3000 hours
85%
$
26. 43
Apprentices shall receive the appropriate percentage of any increase to the Journeyman Laborer
wage during the term of this Agreement.
ii) The Contractor shall pay to the Laborers Trust Funds the sum designated
below for each hour worked or paid for on all Apprentices.
Trust Fund contributions for Apprentices*:
Health&
Welfare( 70%)
4. 77
Pension( 20%)
1. 20
Vacation/ Supp Dues( 70%)
2. 73
Training& Retraining(
100%)
0. 64
C. C. C. ( 100%)
Industry
0. 25
Fund( 100%)
0. 08
Administrative Trust Fund( 100%)
0. 09
Apprentices shall receive the appropriate increase to the journeyman fringe benefit rate increases.
b) SAN DIEGO COUNTY
i) Apprentice wages shall be paid pursuant to the wage schedule set forth below
and contained in the Construction Craft Laborer Apprenticeship Standards of the Joint Apprenticeship
Committee:
1
2013- 2015
st period
1-
500 hours
50%
3 8-
14. 41
2nd
period
501- 1000 hours
55%
15. 85
3rd
period
1001- 1500 hours
60%
17. 29
4th
period
1501- 2000 hours
70%
20. 17
Sth
period
2001- 2500 hours
80%
23. 05
6th
period
2501- 3000 hours
85%
24. 49
Apprentices shall receive the appropriate percentage of any increase to the Journeyman Laborer
wage during the term of this Agreement.
ii) The Contractor shall pay to the Laborers Trust Funds the sum designated
below for each hour worked or paid for on all Construction Craft Labarer Apprentices.
Trust Fund contributions for Apprentices*:
Health&
Welfare( 100%)
6. 81
Pension( 10%)
0. 53
Vacation/ Supp Dues( 70%)
Training& Retraining(
2. 83
100%)
0. 64
C. C. C. ( 100%)
0. 25
Fund( 100%)
Industry
0. 12
Administrative Trust Fund( 100%)
$
0. 09
Apprentices shall receive the appropriate increase to the journeytnan fringe benefit rate increases.
F.
Laborer Landscape Irrigation Fitter Apprentices shall be paid pursuant to the wage
schedule set forth below and contained in the Laborer Landscape Irrigation Fitter
Apprenticeship Standard of the Joint Apprenticeship Committee:
Admin
Ind.
Tr.
Period
Base
Vacation
H& W
Pension
Trainin
CCC
Fund
Fund
Total
l
12. 43
2. 26
5. 03
1. 96
0. 64
0. 25
0. 08
0. 09
22. 74
2
13. 67
2. 42
5. 03
1. 95
0. 64
0. 25
0. 08
0. 09
24. 13
3
14. 92
2. 56
5. 03
1. 96
0. 64
0. 25
0. 08
0. 09
25. 53
4
16. 16
4. 34
5. 03
2. 29
0. 86
0. 25
0. 08
0. 09
29. 10
5
17. 40
4. 69
6. 81
2. 47
0. 86
0. 25
0. 08
0. 09
32. 65
6
18. 64
4. 80
6. 81
2. 53
0. 86
0. 25
0. 08
0. 09
34. 06
The total package for the Laborer Landscape Irrigation Fitter Apprentice shall remain idential to the U. A.
Landscape Irrigation Fitter Apprentice. If the U. A. rates change, the parties shall immediately negotiate
the appropriate changes and allocations so the total package remains identical.
ARTICLE XX
LANDSCAPE INDUSTRY PROMOTION FUND
The parties shall agree upon a trust declaration creating a fund for the promotion of the landscape
industry. The Landscape Industry Promotion Fund shall be administered solely by the Association, on
behalf of the Contractors, and shall be utilized to promote the industry through such action as, but not
2013- 2015
3 9-
limited to a public relations and advertising program, contract specification improvement and promotion of
the contract method by private contractor for both new construction and remedial work.
If at any time during the term of this contract or any renewal thereof, it shall become lawful for the
Union to pariticipate in the administration of said trust fund, then in that case the Union shall appoint
trustees equal in the number of management trustees then serving, who shall then ha e equal power to
administration with the management trustees.
All Contractors who are members of and have assigned bargaining rights to the Association, and
signatory or bound by this contract will contribute the sum of twelve cents($ 0. 12 cents) per hour
for all hours worked or paid for by all employees employed under the terms of this Agreement to the
Landscape Industry Promotion Fund. Said contribution shall be payable in the same manner as the fringe
who are
benefits contributions set forth in this Agreement.
ARTICLE XXI
PUBLIC WORK PROJECTS DAVIS-BACON
ACT AND RELATED STATUTES
In the event an individual employer bids a public job or project being awarded by a Federal, state,
county, city or public entity which is to be performed as a predetermined and/ar prevailing wage rate
established by the Secretary of the U. S. Department of Labor( pursuant to Public Law 74- 403 as amended
by Public Law 88- 349 whose regulations are contained in 29 CFR Parts 1, 3, 5, and 7, and which
determinations are published in The Federal Register) or by the Director of the California Division of
Industrial Relations or a county, city or the other public entity and the established prevailing wage rate,
including vacation contributions, is lower by no more than fifteen percent on residential or housing work
or by no more than ten percent on any other type of work, than the Master Labor Agreement hourly wage
rate( excluding fringe benefits) the published hourly wage rate, including vacation contributions, at the
time of bid shall apply to the job or project for the duration of the job or project but in no event to exceed
an eighteen- month period.
In the event the job or project extends beyond eighteen months, the wage rates, including vacation
contributions, shall be increased thereafter to maintain the appropriate fifteen( 15) or ten( 10) percent
differential under the then- current Master Labor Agreement.
Should the predetermined wage rate and the Master Labor Agreement rate be the same, it is agreed
that rate shall be in effect for an eighteen- month period. On work that extends beyond eighteen months,
then the current Master Labor Agreement rate shall apply.
If any public agency publishes prevailing wage and fringe benefit rates for the
Landscape/ Irrigation Laborer classification for a specific job or project which are less than the rates set
forth in this Agreement, and there are non- signatory prime bidders on the plan holders list, then the
Contractor may bid said project in accordance with the wage rates, fringe benefit rates and other applicable
provisions of the Prevailing Wage Determination incorporated in the bid specifications.
ARTICLE XXII
GENERAL SAVING CLAUSE
It is not the intent of either parly hereto to violate any laws, rulings, or regulations of any
governmental authority or agency having jurisdiction of the subject matter of this Agreement, and the
2013- 2015
40-
parties hereto agree that in the event any provisions of this Agreement are finally held ar determined to be
illegal or void as being in contravention of any such laws, rules or regulations, they will then promptly
enter into lawful negotiations on the substance thereof; nevertheless, the remainder of the Agreement shall
remain in full force and effect, unless the parts so found to be void are wholly inseparable from the
remaining portion of this Agreement.
ARTICLE XXIII
DRUG AND ALCOHOL ABUSE PREVENTION PROGRAM
The parties recognize the problem which drug and alcohol abuse have created in the construction
industry and have reached formal agreement on a Memorandum of Understanding on Drug Abuse
Prevention and Detection. Any testing program implemented by an individual employer must conform to
the provisions of the Memorandum of Understanding agreed upon by the parties.
SOUTHERN CALIFORNIA CONTRACTORS
SOUTHERN CALIFORNIA DISTRICT
ASSOCIATION
COUNCIL OF LABORERS
r
j
i
C
Date:
y-/,_
3
1C
Z
v
Secretary- Treasurer
Business Manager
Date:
2013- 2015
4-
ATTACHIVIENT# 1
CONTRIBUTIONS PAYABLE TO TRUST FUNDS
8/ O1/ 13
O1/ O1/ 13
Effective
Laborers' Health
and
Welfare Fund for
$ 6. 81
Southern California
Construction Laborers' Pension Fund
$ 6. 00
for Southern California
Laborers Pension Fund for San Diego
$ 5. 30
County
Construction Laborers' Vacation Fund
$ 3. 90
for Southern California*
Laborers'
Training
and
Retraining
0. 64
Fund for Southern California
Center for Contract Compliance Trust
$ 0. 25
Fund
Promotion Fund
Industry
Administrative Trust
H
0. 12
0. 09
To be allocated by the Union.
Includes supplemental dues.
2012- 2015
42-
8/ O1/ 14
1
l
.
PRNATE RECOVERY WORK AGREEMENT
BETWEEN
THE SOUTHERN CALIFO1tNIA DISTRICT COUNCIL
OF LABORERS AND ITS AFFII.IATED LOCAL iTNIONS
AND
SOUTI
1.
RN CALIFORNIA CONTRACTORS ASSOCIATION
Term: The Southern California District Council of Laborers and its affiliated Local
Unions( Union) and Southern Califomia Contractors Association( Association), on behalf of its
eligible members( Contractors), are pariy to the Master Landscape Agreement. This Private
Work Agreement applies to Contractors which are bound to the Master Landscape Agreement
through membership in the Association. The term of this Private Work Agreement shall run
concurrently with the Master Landscape Agreement and shall terminate upon termination of the
Master Landscape Agreement. This Private Work Agreement supersedes all other agreements
between the parties regarding the terms and conditions of employment on private work.
2.
Preservation of Work: To protect and preserve work for the employees covered by the
Master Landscape Agreement, and to prevent any device or subterfuge to avoid the protection
and preservation of such work, if the Contractor performs onsite construction work of the type
covered by the Master Landscape Agreement or this Agreement under a name of another, as a
corpora ion, company, partnership, or other business entity including a joint venture, the terms
and conditions of the Master Landscape Agreement and this Agreement shall be applicable to all
such work.
3.
Scone: This Agreement covers all landscape work performed by the Contractor on
private work jobsites. Private work is defined as a job where there is no obligation under local,
state or federal laws or regulations to pay a predetermined wage/ fringe benefit package.
Notwithstanding any provision of this Agreement, this Agreement shall not apply to( i) a.ny work
performed on a jobsite funded in whole or part
by any union trust fund; ( ii) any work performed
pursuant to a Building Trades or a Union Project Labor Agreement; ( iu) any work where the
owner requires the work to be performed by union signatory contractors. All of the terms and
conditions of tlie Master Landscape Agreement apply to Private Recovery Work, except as
expressly modified in this Agreement.
4.
Modification of Terms: The terms and conditions of the Master Landscape Agreement
shall apply to all work covered by this Agreement, except as expressly modified below:
Ke
a.
en. The pravisions of Article V.G. of the Master Landscape Agreement
Keymen and Transfer of Men) shall not apply.
b.
Workin Rules. The provisions ofArticle XV, A through F, M, N and 0
Working Rules) shall not apply.
PRIVATE RECOVERY WORK-
SCCA-
CLEAN
1
i
c.
(
i)
Landscape/ Trrigation Tender. ''
he classification of Landscape/ Imgation
Tender may be employed on all jobsites covered by this Agreement to perfarm iandscape work,
provided that there is at least one Journeyman Laborer as foreman on the jobsite. The
Landscape/ Irrigation Tender shall be paid as follows, effective January 1, 2013:
Base Rate*
per
First 3500 hours Employrnent
hour
H& W**
Vacation***
Total
$ 10. 00
0. 51
10. 51
11. 04
0. 51
11. 55
for Union signatory Contractors
After 3500 hours
The base wage of each employee of the Contractar as of January 1, 2013 ( whether lay
off or active status),
shall be increased if necessary so that the employee earns at least
50 per hour above the minimum.
The parties recognize that the A.ffordable Care Act will mandate Employer provided
health insurance coverage for many Employers, effective January 1, 2014, and such
coverage is provided in this Agreement for Tenders effective January 1, 2014. The
Employer shall contribute the sum of$2. 25 per hour for each hour worked or paid to a
Tender under this Agreement. Eligibility and Coverage for such contributions shall be
deternxined by the Health& Welfare Trust. In the event the provisions of the Affordable
Care Act mandating Employer provided insurance is repealed or invalidated at any time
during the term of this Agreement, the parties agree to re-open the provision of this
Agreement requiring contributions to the Health& Welfare Tzust Fund on behalf of
Tenders. Prior to January 1, 2014 only Tenders who had Health& Welfare contributions
paid on their behalf for hours worked under this PRWA or a prior PRWA, shall have
contributions made on their behalf for hours worked.under the PRWA. The contribution
shall be the same as the contribution rate for Leadman.
Includes supplementa.i dues of$0.25, if authorized.
The base rate per hour for Landscape/Irrigation Tenders shall be at least ten percent
10%) higher than the highest minimum wage rate then in effect.
ii)
Leadman
Wage
H& W
Vacation
PRIVATE RECOVERY WORK-
SCCA•
CLEAN
14.50
2.90*
51**
2_
iii)
Hydroseeder, Landscape/ Irrigation Truck Driver, Landscape/lrrigation
Equipment Operator
Wage
18. 50
H& W
2. 90*
Pension
2. 29
Vacation
1. 51`*
Future increases to the Health& Welfare contribution are as follow:
December 1, 2013 -$ 0. 10 per hour to $3. 00
December 1, 2014- $ 0. 10 per hour to $ 3. 10
Includes supplemental dues of$0. 51.
d.
Wage Increases.
i)
On 45 days written notice at any time to the Contractors, the Union may
allocate any part of the wage set forth in this Agreement and subsequent increases thereto to
wage, health and welfare, pension, vacation, training and retraining and supplemental dues.
ii) Under no circumstances shall the Tender earn less than the California and
Federal m.inimum wage, nor shall the Tender eam less than the U.A. Landscape Irri.gation
Tradesman.
iii) Tf at any time during the term of this Agreement, the U.A. Landscape
Irrigation Tradesman receive an increase, the Landscape/Trrigation Tenders under this Agreement
shall receive the same increase.
iv) Increases for Leadman, Hydroseeder, Truck Driver and Equipment Operator
shall be the same percentage increase given to Tenders under this Agreement.
Transfer of Tenders.
e.
i) Leadmen, Hydroseeders, Landscape/Irrigation Truck Drivers,
Landscape/Txrigation Equipment Operators and Tenders employed under this Agreement may be
employed on jobs covezed by the Master Landscape Agreement. Tf such workers are employed
under the Master Landscape Agreement, they shall be paid the appropriate wage and fiinge
benefit rates under the Master Landscape Agreement for the entire day in the highes#
PRNATE RECOVERY WORK-
SCCA-
CLEAN
3_
classification in which they work.
ii) If there is no such available work for a full scale Landscape Laborer under the
Master Landscape Agreement, the Landscape Laborer may be laid off and register on the Local
Union's out of work list. If the Contractor has work under the Private Recovery Work
Agreement available for the Landscape Laborer, the Contractor may request in writing the
Landscape Laborer by naxne from the Local Union hiring hall. The request shall state the hourly
rate for the work under this Agreement that will be pezformed in accordance with the ra.tes
contained in the Private Recovery Work Agreement provided, however, the Landscape Laborer
will be paid no lower than the wages and fringe benefits in the Leadman classification.
The written request by the Contractor and the written dispatch slip by the Union,
signed by the Union and the Landscape Laborer, shall constitute all parties' consent to the
Landscape Laborer's employment under the Private Recovery Work Agreement.
f.
Subcontractin.
The Contractor shall abide by the subcontracting clause
contained in the Master Landscape Agreement for alI landscape/irrigation work, including
decorative rock, waterfall and theme park work, performed under this Agreement. For all other
private work that is part of the Contractor's landscape contract, there sha11 be no subcontracting
restrictions; provided, however, that the subcontracting provisions in the Master Labor
Agreement shall apply to#he following work: work that is customarily perFormed by the
Contractor's own employees; work performed on a jobsite funded in whole or part by a union
trust fund; work performed pursuant to a Building Trades or Union Project Labor.Agreement;
and any work where the owner requires the work to be performed by union signatory contrac#ors.
Dispatching, Union Securitv.
g.
i) The dispatch provisions contained in Article V of the Master Landscape
Agreement shall not apply and the Contractar may hire Landscape/Trrigation Tenders to perform
work under this Agreement from auy source, provided that the appropriate Local Union is
notified within 72 hours of the hiring and a dispatch slip is issued to and signed by the
Landscape/Irrigation Tender. All einployees employed under this Agreement shall have the sum
designated by the Union, deducted from their wages and submitted to the Vacation Trust Fund,
provided the employees signs a valid dues authorization form; this shall be in addition to the
supplemental
dues. The monthly dues deducted from the
wage
is $ 24. 00,
January
1, 2013.
The
monthly dues for successive years under this Agreement sha.11 be esta.blished by the Union on
January 1. This sum shall be transmitted by the Contractor to the Union no later
than the 15th of the following month. The Union may also set an amount designated as
supplemental dues which the Contractor will withhold from wage if so authorized by the
each successive
employee pursuant to Article V.C. of the Master Landscape Agreement.
ii) If the Contractor
PRIVATE RECOVERY WORK-
SCCA-
CLEAN
who violates
Section 4 g. ( i), above,
4-
by failing to give notice
4
to the Local Union and obtain a dispatch slip for the hiring of a Landscape/Irrigation Tender shall
be liable in damages to the Union is a sum equivaient to the hourly wage rate for each hour
worked by the Landscape/ Irrigation Tender, and to the Trust Funds in a sum equivalent to the
hourly fringe benefit contribution rate for each hour worked by the Landscape/Irrigation Tender.
5.
No employees' wages shall be reduced as a xesult of the Private Recovezy Work
Agreement. The procedure outlined in Section 4( e) above shall not constitute a reduction of
wages.
Southern Califoznia Contractors
Southern Califoinia District Council of
Asso iation
La
2`
i:.
r rs
ll/
L--'
e " den
Sec etary-Treasurer
Dated:
-'
dZ/—/
3
Business Manager
Dated:
PRNATE RECOVERY WORK-
SCCA-
CLEAN
5_
1
j-o
u
MEMORANDUM OF AGREEMENT
RE OTHER CRAFT AGREEMENTS
The Southern California Confractors Association( Association) and the Southern
California Distxict Council of Laborers and its afFiliated Local Unions are party to lie Master
Landscape Agreement effective December 1, 2012 to July 31, 2015 ( Master Landscape
Agreement). The parties agree as follows:
1.
The Master Landscape Agreement, including Article III.C, provides that all
covered work shall be performed under the terms of the Master Landscape Agreement, and that
the Contractor shall has no legal or contracival impediment to assigning all work covered by this
Agreement to employees represented by the Union.
2.
The Union recognizes that Contractors may have collective baxgaining agreements
with the UA that cover some or all of the work covered by the Master Landscape Agreement.
The parties agree that employing employees under such other agreement shall not constitute a
violation of the Master Landscape Agreement, including A.rticle III.C, on the following
conditions:
a.
The Contractor's agreement with the UA has been in effect at least one year prior
to the effective date of the Master Landscape Agreement;
b.
The Contractor provides to the Union a letter of assignmerit covering all work
within the scope of work covered by the Master Landscape Agreement;
c.
The Contractor maintains on a Company wide basis at all times no less than the
percentage of Laborers to UA represented employees that it employed in the year
preceding the effective date of the Master Lan.dscape Agreement( the percentage
sha11 be measured by work hours for the preceding year), provided: ( i) no new
employees shall be hired to perform work under the terms of the UA Agreement,
and all new employees are employed only under their terms and conditions of the
Laborers Master Landscape Agreement; ( ii) employees on the payroll at the time
of the execution of the Master Landscape Agreement and who have worked for
the Contractor under the terms and conditions of the UA Agreement at least 300
hours in the six month period immediately prior to the execution of the Master
Landscape Agreement shall be considered redlined employees of that Contractor;
and ( iii) a Contractor may continue to employ a redlined employee under the UA
Agreement unless the employee is terminated or laid' off by the Contractor for a
period of more than s ty( 60) days, under which circumstances a redlined
employee shall be considered a new employee and therefore sha11 not be employed
by the Contractor to perform work under the terms and conditions of the UA
Agreeme t.
d.
The Contractor shall use its best efforts to increase the percentage of Laborers to
UA
represented employees over
the tertn
of the
Master Landscape Agreement;
and
e.
The Contractor shall pay to UA represented employees not less than the total
package required for such work under the terms of the Master Landscape
Agreement.
3.
The Union recognizes that Contractors may have collective bargaining agreements
with the Operating Engineers Union that covers some of the work covered by the Master
Landscape Agreement. The parties agree that such other agreement shall not constitute a
violation of.Article III.0 on the following conditions:
a.
The Contractor's agreement with the Operating Engineers Union has been in effect
at least one year prior to the effective date of the Master Landscape Agreement;
b.
The Contractor shall pay to the Landscape Operating Engineers the same base
wage rate as set forth in the Master Landscape Agreement for such work.
4.
The Contractor sha11 furnish to the Union, all payroll data and any other records
necessary to verify whether the conditions set forth in paragraplzs 2 and 3 above have been met,
including copies of monthly reports to the other cr-afts' trust funds if requested. If the Contractor
fails to provide such payroll data and other records withi.n thirly( 30) days of the Union' s request,
the Contractor shall not be entitled to provisions of this Memora,ndum, and its other agreements
and assignment of covered work to other crafts shall constitute a violation of Article III.0 of the
Master Landscape Agreement.
5.
This Memorandum of Agreement sha11 be applicable only to Contractors who are
members of Association upon the effective date of the Master Landscape Agreement.
6.
This Memorandum of Agreement shall be enforceable through the grievance and
arbitration procedure contained in Article X of the Master Landscape Agreement.
Southern California Contractors
Southern California District Council of
Association
Labor
s
P
i
e
dent
1
U I t:
Secretary-Treasurer
Dated:
a
3
r.....----
Business Manager
7 •-
Dated:
G
G1
C!
SIDE LETTER OF UNDERSTANDING
2MATION FOR
RE PAYROLL INF!
LANDSCAPE/IRRIGATION EQUIPMENT OPERATOR UNDER
MA,STER LANDSCA.PE AGREEMENT
The outhern California Disixict Council of Laborers and its affiliated Local Unions
Union) and Southein California Contractors Assoc ation( Association) are parties to the 1Vlaster
Landseape Agreement, and agree as ollows:
The parties enter into this Side Lettex to ensure the Contractors' compliance with
the wage and fringe benefits i•ates for the classification of Landscape/ Irrigatioii Equipment
Operator, as set forth in Arkicle XVIII of the Master Landscape Agreement.
1.
2.
No later than the l Oth day of each month during the#erm ofthis Agreement, each
Coniractor shall provide to the Union its certified payroll records for all State, Federal and Local
Public Works Projects in tlie
geographic area covered
by
he Master Landscape Agreer
ent
for
the preceding month.
3.
This Side Letter is an integral part ofthe Master Landscape Agreement, and any
violation ofthe terms f this Side Letter is subject to the grievance and arbitration procedtue in
the Master Landscape Agreement.
Southern California Contractors
Southem California District Council of
Association
Labo'
ii.,
G
L'
e
en
Secretary. Treasurer
,
Dated• -
3-/-v. 3
-
Business Manager
Dated:
°-
i c.`•^-
SIDE LETTER OF UNDERSTANDING
ARTICLE III, SECTION C OF
MASTER LANDSCAPE AGREEMENT
The Southern California District Council of Laborers and its affiliated Local Unions
Union) and Southern California Contractors Association( Association) are parties to the Master
Landscape Agreement, and agree as follows:
Article III, Section C of the Master Landscape Agreement provides that the
1.
Contractor represents that it is not signatory to any other labor agreement that covers work
covered by the Master Landscape Agreement.
2.
Notwithstanding the provision of Article III, Section C referred to above, the
parties acknowledge that some Association member Contractors are bound to collective
bargaining agreements with the UA and/or the Operating Engineers, which do have overlapping
coverage language.
Southern California Contractors
Southern California District Council of
Association
Labo
s
C' i u'''
ra dent
V1AQ
Secretary- Treasurer
Dated:
/—
z'oi.
s'
Business Manager
Dated:
C,
SOUTHERN CALIFORNIA DISTRICT COUNCIL
oF
LABORERS
AFFILIATLD WITH
LABOqERS'
INTERNATIONAL VNION OF NORTH AM1IERICA
AFL- CIO
4399 SANTA ANITA AVENUE, SUITE 204
EL MONTE, CALIFORNIA 9173t
7ELEPHONE( 828) 350• 6900
tis' nri.t^,
fl \
a '/!/
o.
MANUEL MONSIBAIS
ARMANDO ESPARZA
PAESIDENT
SECRETARYTREASUNER
BUSINESSMANAGER
i`
1`
J
SERGIO RASCON
2
Jamiary 1, 2013
, ;.
n,:.,.
TO: CONTRACTORS PERFORMING WORK UNDER THE LANDSCAPE AGREEMCNT
AFFILIATED
LOCALS
i Gentlemen:
ARIZONA
PHOENIX
Loc
Uucler the terms of tlie new Master Landscape Agreenient, the inci•eases, the hourly wage
i rates and fi•i» ge Uenefit rates effecti e January 1, 2013 for tiie 11 Southeru California
383
NEW MEXICO
COL111tleS, the S n Die go Coiu t Y Buildin g ProJ ects aud tlie Sau Die go Coutit Y En g inee• in g
ALBUQUERQUE
Locn
Projects are enclosed
16
SOUTHERN CALIFORNIA i
BURBANK
OVel time: Tiii e and one- half, except hours worked over 12 in a single workdly, Sunday aud
i holidays wluch are douUle time.
345
Loc
i
I<ERN COUNTY
I
SAN LUIS OBISPO COUNTY
I
SANTA BARBARA COUNTY
LOCAL ZYO
HOLLYWOOD
Loc
724
i
cents($
Laborer Foreman is at the sole discretion of the Contractor. Where the employees of the
vork, the employee selected by the Cont• actor to be foreman shall be an employee employed
507
under the terms of this Agreement and shall receive the LaUorer Foreman' s wage rate. The
LOS ANGElES
Loc
seventy- five
1. 75) per liouc more tlian tl e hourly wage rate of the llighest paid
employee over vl ich they have leadership. The selection of the employee who vill be the
and
I Contractor employed on the project are predominately Laborers and performing Laborers'
LONG BEACH
Loc
Forenien: All Landscape/ Irrigation Laborer foremeii shall be paid not less than one dollar
I Laborers Foreman may work with the tools of the trade.
300
ORANGECOUNTY
Loc
rutiue increases for all classifications in this Agreement( except Public Tenders) in Southern
652
California and San Diego are as follo vs:
Poti, oNA
aia
o
August l, 2013 -$ 1. G5
RIVERSIDE- IMPERIAL
T' ES
Loc
August 1, 2014-$ 1. 75
1184
SAN BERNARDINO
p lUlic Tender rates shall be at the identical total package as the U.A. Trldesman( although
INYO- MOPIO COUNTIES
the allocation may Ue different) over the term of the Agreement, including all increases.
83
1
SAN DIEGO
The Union may allocate these increases to wages aud/ or fringe benefits upon at least 90 days'
LoCAI 89
ritten notice prio• to the effective dates.
VENTURA
Locw
j
5B5
i Kiiidly notify your payroll persoiuiel of these increases.
WfLMINGTON
LoGAL 802
ry truly yo cs,
WEBS1Ti: SCDCL. ORG
J1
Arman
o
an o" Esp1i a
Business Manager
A lbr
i.,.
4«pu,.
pa
i
encs
MINIMUM HOURLY WAGE SCALES AND FRiNGE BENEFIT RATES
Effective 1/ 1/ 13
Effective 1Jl/ 13
Effective 1/ 1/ 13
Landscape/ Irrigation Laborer
Landscape/ Irrigation Laborer
11 Southein California Coiuities
San Diego
Wages
Wages
26. 23
Health&
Building
Landscape/ Irrigation Laborer
San Diego
Projects
Health& WeIfare
$ 06. 81
Projects
26. 65
Wages
26.77
Healtl &
06. 00
Pension
OS. 30
Pension
05. 34
Vacation*
03. 90
Vacation"
03. 90
Vacation`
03. 90
Training
00. 64
Training
00.G4
Training
00. 64
CCC
00,25
CCC
00.25
CCC
Trust Admin. Fund
Industry
Fund
Total
$ 00. 09
Trust Admin. Fund
00.25
Ttlist Admin. Fund
$ 00.09
$ Q0. 09
00. 12
Industry rund
00. 12
Indush•y Fund
U0. 12
44. 04
Total
43. 88
Total
43. 76
Effective 1/ 1/ 13
Effective 1/ 1/ 13
Landscape/ Iirigation
Landscape/ Irrigation
Truck Di7ver/ Equipment Operator
Truck Driver/ Equipment Ope
11 Southei n California Counties
Saii Diego
Wa g es
$ 10. 35
Wa g es
Health&
Pension
06. 00
Pension
05. 30
Pension
05. 30
Vacation"
03. 90
Vacation*
03. 90
Vacation`
03. 90
Training
Q0. 64
Training
00. 64
Traiuing
04.64
CCC
00.25
CCC
00.25
CCC
00.25
Health&
30. 51
Welfare
Trust Admin. FilI1Cl
$ 00.09
Effective 1/ 1/ 13
Od. 12
Industry
T tal
51_ AC
Tntal
Landscape/ I•rigation
Building Projec
s
3d. 51
$ 11. 05
Welfare
$ 00.09
Tiltst Admin. Fund
I idustry Fund
Fuud
ator
Truck Driver/Ec
uipment
Operator
San Diego Engineering Projects
30. 51
Wa g es
Heal#lt& Welfare
Ti ust Admin. rund
$ 1 I. OS
$ 00.09
00. 12
Indush•y Fund
00. 12
S1. R6
T tai
51. 8
Effec#ive 1/ 1/ 13
Effective 1/ 1/ 13
Effective 1/ 1J13
Landscape Hydro Seeder
Landscape Hydra Seeder
Lajidscape Hydra Seeder
11 Southern California Cottnties
San Diego
San Diego Engineering P• ojects
Wages
Wages
Health& Welfare
27. 33
Building
Projects
28. 77
27. 81
Wages
$ 06. 81
Health&
Pension
05. 30
Pension
05. 30
Vacation`
03. 90
Vacation
03. 90
Training
OO. b4
Training
00. 64
Training
00.64
CCC
00. 25
CCC
Q0. 25
CCC
$ 06. 81
Health&
Pension
06. 00
Vacation*
03. 90
Tr
2st
Admin. Fut d
$ 00. 09
Welfare
Trust Adinin. Fund
$ 00. 09
Welfare
Trust Adinin. Fund
$ 06. 81
OQ. 2S
$ 00.09
Indust y Fund
00. 12
Industry Fund
00. 12
Indust y Fund
00. 12
Total
45. 14
Total
45. 88
Total
44. 92
Includes supplemental dt es if so autliorized
Page 1
i
$ 06. 81
$ 06. 81
Welfare
Pension
Welfare
Engineering
of
5
j
i
i
i
Effective 1/ 1/ 13
Effective 1/ I/ 13
Laiidscape/ Irrigatian Tender
Landscape/ Ii7igation Tender
11 Southern California Counties
San Diego County on All Projects
Health& Welfare
11. 04
Wages
11. 04
Health& Welfare
$ 04. 70
$ 04.70
Pension
00. 00
Pension
00.44
Vacation`
00. 51'
Vacation*
00. 51*
Training
04.00
Training
00. 00
00. 09
CCC
CCC
Industry
Fund
Total
Includes
00. 12
Industry
16. 46
Total
supplemental
dt
00.09
Fund
00. 12
I G. 46
Includes supplemental dues
es
if so a rthorized
If so authorized
APPRENTICESHIP
The Contractors and the Union recognize tlie need for apprentice t•aining and to this end shall indenture apprentices in
confoi nity with California LaUor Code Section 1777. 5 governing employment of apprentices upon public work.
Apprentices shall he employed in accordance with the Standards and guidelines as established by the Laborers Joint
Apprenticeship Committee and approved by the Division of Apprenticeship Standards. The terms and conditions of
this Agreement shall apply to Apprentices.
The Conti•actor will make an effort to keep Apprentices reasonably employed regardless af period status or
ldvancement to a lugher period of pay.
The Locai Union, through the Joiu#Apprenticeship Committee, shall dispatch Apprentices to the Contractors.
The Contractor shall pay to Constructiori Craft Laborer Apprentices the wages and to the Trt st Funds the sums
designated below fox• each hotu worked or paid to Apprentices.
Page 2
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5
f
f
i
CONSTRUCTION CRAFT LABORER APPRENTICES
11 Southern California Counties
Construction Craft Laborer Apprentice wages shall be paid pttrsuant to the wage schedule set foith below and
contained in the Construction Craft Laborer Apprenticeship Standards ofthe Joint Apprenticeship Committee.
Wa
151
2°
3`
50% $
15. 55
SO1- I000 hours
55% $
17. 10
1QOI- 15001
ours
60% $
18. 65
period
1501- 2000 hours
70% $
21. 7G
pet iod
2001- 2500 hours
8Q% $
24. 87
period
2501- 3000 hours
85% $
26. 43
period
1- 500 hours
period
d
d
pe
iod
4tE'
StE'
6°
i
Apprentices
shall receive
the
apprapriate
ercentage of
any inc•ease to the Journeyinan Laborer
age during
the term of this Agreement.
Fringe Benefits
Healtl/ Welfare( 70%)
4. 77
Pension( 20%}
1. 20
Vacation/ Supp Dues( 70%) $ 2.73
aining( 100%) $ 0.64
0. 25
C.C. C. ( l00%)
Training/Ret
Industry
0.08
rund{ 100%)
Trust Admin Fund( 100%)
$
0.09
Apprentices shali x•eceive the appropriate increase to lie Journeyman fi•inge benefit x•ate increases.
I
I
Page 3
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5
f
i
i
CONSTRUCTION CRAFT LABORER APPRENTICES
San Diego County
Consttuction C aft Laboter Appientice wages shall be pAid pursuant to the wage schedule set forth below and
contained in the Const licfion Craft Laborer Apprenticeship Standards of the Joint Appren#iceship Committee.
W
1
es
St
2°
d
period
1- 500 Iiours
50%
$
14. 41
pe• iod
501- 1000 hours
55% $
15. 85
period
1001- 1500 holus
b0% $
17. 29
3ra
4`'
period
15U i- 20001tours
70% $ 20. 17
S"'
period
2001- 2500 hours
80% $ 23. OS
period
2501- 3000 hours
85% $
6t'
24.49
Apprentices shall receive the appropriate percentage of any increase to the Journeyman Laborer wage duruig
the te n of this Agreement.
Fringe Benefits
Health/ Welfare{ 100%)
6. 81
Pension( 10%)
0. 53
Vacation/ Supp Dues( 70%} $ 2. 83
Training/Retraining(
100%) $ 0. 64
C.C. C. ( 100%}
Industry
0. 25
0. 12
Fund( 100%)
Trust Admin Fund( 100%)
$
0. 09
Apprentices shall receive the ap ropriate increase to the Journeyman fringe benefit rate increases.
Page 4
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5
I
LABORER LANDSCAPE IRRIGATION FITTER APPRENTICES
11 Sotithern California Counties and San Diego County
Shall be paid pursuant to the wage scltedule set fo•th below and contained in the Laborer Landscape Irrigation
Fitter Apprenticeship Standards of the Joint Apprenticeship Conunittee.
H& W
Pension
Trainin
CCC
Ind Fund
Trust Amin Fund
Total
2. 26
5. 03
1. 96
0. 64
0. 25
0. 08
0. 09
22.74
13. G7
2.42
5. 03
1. 95
0. 64
4. 25
0. 08
0. 09
24. 13
3
14. 92
2. Sb
5. 03
1. 96
0. 64
0. 25
0. 08
0. 09
25. 53
4
16. 16
4. 34
5. 03
2. 29
0, 86
0.25
0. 08
0. 09
29. 10
5
17. 40
4. 69
6. 81
2.47
0. 86
0. 25
0.08
0. 09
32. 65
6
i8.64
4. 80
6. 81
2, 53
0. 8G
0. 25
O. U8
4.09
34. 06
Period
Base
1
12. 43
2
Vacation
Tha total package for the Laboi•er Landscape I rigation ritter Apprentice sl all remain identical to the U.A.
Landscape Irrigation Fitter Apprentice. If the U.A. rates change, the parties shall immediately negotiate the
appropriate changes and allocations so the total package remains identical.
Page 5
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